Supreme Court of India

Ramesh Gobindram (dead) through Lrs. v. Sugra Humayun Mirza Wakf

Neutral citation

Reported as [2010] 10 S.C.R. 945

Bench Markandey Katju and T.S. Thakur JJ.

Decided 1 September 2010

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.

14 Supreme Court benches have cited this judgment.

From the headnote

Wakf Act, 1995 - s. 6(5), 7, 83 and 85- Wakf Tribunal Jurisdiction of - To decide eviction suit in respect of wakf property - Held: The Act does not provide that ·the Wakf Tribunal should decide the dispute regarding eviction of tenant in possession of wakf property- Therefore, Eviction suit is maintainable before civil court and not before Wakf Tribunal. Jurisdiction - Jurisdiction of civil court vis-a-vis Wakf Tribunal constituted under Wakf Act - Determination of - Discussed. Respondent filed suits seeking eviction of the appellant-tenant, who was occupying a wakf property. Wakf Tribunal

Authorities it was built on

1968 Dhulabhai and Others v. The State of Madhya Pradesh and Another cited by 21
2003 Ramesh Chand Ardawatiya v. Anil Panjwani cited by 11
1999 Pattakkal Kunhikoya (dead) by Lrs. v. Thoopikal Koya and Anr. cited by 3
1967 The Pabbojan Tea Co. Ltd., Etc. v. The Deputy Commissioner, Lakhimpur, Etc. cited by 1
2000 State of Andhra Pradesh v. Manjeti Laxmi Kantha Rao (dead) by Lrs. and Ors. cited by 1

Where later benches applied it

2022 Sau Rajani v. Sau Smita & Anr relied on
2019 Punjab Wakf Board v. Sham Singh Harike relied on
2013 Bhanwar Lal & Anr. v. Rajasthan Board of Muslim Wakf & Ors. relied on
2023 Mumtaz Yarud Dowla Wakf v. M/s Badam Balakrishna Hotel Pvt. Ltd. & Ors. referred to
2023 P. V. Nidhish & Ors. v. Kerala State Wakf Board & Anr. referred to
2021 Ratul Mahanta v. Nirmalendu Saha referred to
2021 Telangana State Wakf Board & Anr. v. Mohamed Muzafar referred to
2021 Kiran Devi v. The Bihar State Sunni Wakf Board & Ors. referred to
2013 Haryana Wakf Board v. Mahesh Kumar referred to
2013 Akkode Jumayath Palu Paripalana Committee v. P.V. Ibrahim Haji and Others referred to
2023 Urban Improvement Trust, Bikaner v. Gordhan Dass (d) through Lrs. & Others mentioned
2017 Rajasthan Wakf Board v. Devki Nandan Pathak & Ors. mentioned
2010 Board of Wakf, West Bengal v. Anis Fatma Begum and Anr. mentioned
2021 Rashid Wali Beg v. Farid Pindari & Ors. distinguished

Of those, 3 relied on · 1 distinguished · 7 referred to · 3 mentioned

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