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Supreme Court of India

Sabir Ali Khan v. Syed Mohd. Ahmad Ali Khan and Others

Neutral citation
Reported as [2023] 6 S.C.R. 930
Bench K. M. Joseph and Hrishikesh Roy JJ.
Decided 13 April 2023

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.

What the Court ordered

We are of the view that there cannot be any embargo against a beneficiary of a waqf claiming acquisition of title by adverse possession.

Judgment, page 57

From the headnote

Waqf Act, 1995: Wakf properties, of parties who are Shia Muslims – Beneficiaries and their rights – Beneficiaries perf ecting title by adverse possession – Permissibility of – Held: bene ficiary of a waqf, being neither a trustee nor a co-owner of waqf prop erty, can acquire title through adverse possession even if it is th e property of the waqf – There cannot be any embargo against a beneficiary of a waqf claiming acquisition of title by adverse possession – Benefi ciary of a waqf cannot be described as a stranger to the waqf – No doubt , a beneficiary is not to be conflated in his position

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