Supreme Court of India

Sayyed Ali and Ors. v. Andhra Pradesh Wakf Board Hyderabad and Ors.

Neutral citation
Reported as [1998] 1 S.C.R. 398
Bench Dr. A.S. Anand and V.N. Khare JJ.
Decided 28 January 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the decision of the E Tahsildar under Section 3 of the Inams Act as to the character of the Wakf property which was upheld by the High Court of Andhra Pradesh being one passed without jurisdiction, cannot operate as res jduicata and the High Court of Andhra Pradesh was justified in ignoring the said decision and in not giving effect to it.

Judgment, page 12

From the headnote

The Wakf Act 1954: Sections 3(1) and 6-Definition of Wakf-Grants by way of service inams for the purposes recognised by Muslim Law as pious, religious or charitable would constitute the property as Wakf-Once a wakf is created, it continues to be so for all times to come-Grant of patta in favour of Mokhasadar does not affect its original character as wakf-Any dispute with regard to character of wakf property-To be decided in the manner provided under Section 6. Andhra Pradesh (AA) lnams (Abolition And Conversion into Ryotwarij Act, 1956-Sections 3 and 14-Jurisdiction of tehsildar while

Where later benches applied it

Of those, 1 referred to

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