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28 judgments · newest first · showing 1–28
The Salem Muslim Burial Ground Protection Committee claimed that a parcel of land (Zamin Survey No.5108) in Salem was a Muslim burial ground and therefore a wakf, seeking to prevent its alienation under the Tamil Nadu Estate (Abolition & Conversion into Ryotwari) Act, 1948. Various private claimants …
The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of …
The State of Andhra Pradesh (now Telangana) challenged an errata notification issued by the A.P. State Wakf Board that added 1,654 acres and 32 guntas of land to the list of Wakf properties, claiming the Board had not complied with the procedural requirements of the Wakf Act, 1995. The High Court …
The Jamia Masjid Gubbi filed a suit seeking a declaration that the State Wakf Board owned a specific property, possession, an injunction and mesne profits. Defendants argued that the suit was barred by res judicata, relying on three earlier suits concerning the same property. The Supreme Court …
The appellant sought a declaration that a property, which had been surveyed and listed as "Wakf‑Al‑Allah" and published in the Official Gazette on 2 December 1965, was in fact "Wakf‑Al‑Aulad". He filed a suit under Section 6 of the Wakf Act, 1954 on 17 January 1967, more than one year after the …
The Punjab Wakf Board sued Dharampal (deceased) and others for possession of land it owned. Dharampal's heirs claimed title by adverse possession, asserting continuous possession since 1953 through his father. The lower courts initially upheld the board's claim, rejecting the adverse possession …
Madanuri Sri Rama Chandra Murthy filed a suit seeking cancellation of a sale deed, alleging that the land was Wakf property. The defendants moved an application under Order VII Rule 11 of the CPC for rejection of the plaint, which the Wakf Tribunal allowed, finding the suit meritless and barred. The …
The Ramjas Foundation owned land in Delhi that was acquired under a 1959 notification issued under the Land Acquisition Act, 1894 for planned development. The Foundation claimed the land was a Wakf property, exempt under clause (d) of the notification, and argued that a non‑Muslim could create a …
Shabana Bano, a Muslim woman, filed a petition under Section 125 of the Criminal Procedure Code for maintenance against her husband, Imran Khan, after being divorced and left with a newborn child. The husband contended that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, she was …
The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by …
The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli …
The dispute concerned a 35‑acre wakf land in Vijayawada. The Wakf Board had appointed eight ‘Mujawars’ to manage the Dargah, and they entered into a sale agreement on 2 August 1982 with Mohammedia Co‑op Building Society Ltd. The sale required prior sanction of the State Wakf Board and publication of …
The dispute concerned whether the Larabsha Darga and its associated lands constitute a private Wakf (Wakf‑alal‑aulad) or a public Wakf. The property, originally part of a larger Wakf, had passed through successive settlements (hibbas) and was managed by Safia Bi, who claimed it was her private …
The Madhya Pradesh Wakf Board had declared a Dargah property as Wakf and constituted a managing committee. Private parties, claiming inheritance of the land, challenged the Board's orders and the Wakf registration, leading to a civil suit that was transferred to the Madhya Pradesh Wakf Tribunal …
Abdul Rais and others applied to the Madhya Pradesh State Wakf Tribunal for a declaration that land listed as wakf in the Official Gazette was actually their private property. The Wakf Board opposed, arguing the appellants had no title and that the application was barred by the one‑year limitation …
The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the …
The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf …
The Balaji Mandir Trust, a religious institution registered under the Madhya Pradesh Public Trust Act, filed an eviction suit against tenants Ramgopal and others, relying on a notification issued under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961 that exempted trust properties …
The Tamil Nadu Wakf Board filed nine suits seeking possession of properties it claimed were public wakf, based on a 19th‑century deed. The defendants argued that the properties were not listed in the Wakf Board's notification under Section 5(2) of the Wakf Act, 1954, and had been sold in revenue …
The Delhi Administration appealed a Delhi High Court order that had quashed amendments made by a 1989 notification to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules. The amendments excluded certain categories of land, such as "Extended Abadi", from being entered in the …
The Punjab Wakf Board claimed ownership of a parcel of land that it had declared a Muslim graveyard by a 1970 notification under the Wakf Act, 1954, and sought a declaration of title. The Gram Panchayat contested the claim, asserting that the land was recorded as community property and used for …
The Andhra Pradesh Wakf Board filed a suit in 1973 to recover possession of a 48½‑cent parcel of land that had been granted as a service Imam plot to the Paish Imam of a mosque and subsequently alienated through several sales. The trial court allowed the suit, but the High Court dismissed it on the …
The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, …
The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the …
Syed Fatima Nachi, a divorced Muslim woman, filed a petition under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 seeking maintenance from the Tamil Nadu Wakf Board, alleging that her children, parents and other relatives were unable to pay. The Wakf Board appealed to …
The respondent, a Masjid, sued the appellants for eviction and arrears of rent, claiming the tenancy had been determined. The appellants argued that the lease termination was a forfeiture under Section 114-A of the Transfer of Property Act and that the premises were exempt from the Rajasthan …
The All India Imam Organisation filed a writ petition under Article 32 seeking basic wages for imams serving in mosques, alleging exploitation and a disparity between their duties and remuneration. The Union of India and various State Wakf Boards contended that imams are appointed by mutawallis or …
The plaintiff, a Wakf trustee, sued the tenant for possession of a plot in Thanjavur, alleging the tenant held over after a two‑year lease dated 17‑Nov‑1955 and had erected unauthorised structures. The tenant contended that he had been in occupation since 1942, that the 1955 deed was merely a …
