Supreme Court of India
Sabir Ali Khan v. Syed Mohd. Ahmad Ali Khan and Others
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 perfecting title by adverse possession – Permissibility of – Held: beneficiary of a waqf, being neither a trustee nor a co-owner of waqf property, can acquire title through adverse possession even if it is the property of the waqf – There cannot be any embargo against a beneficiary of a waqf claiming acquisition of title by adverse possession – Beneficiary of a waqf cannot be described as a stranger to the waqf – No doubt, a beneficiary is not to be conflated in his position with…
Authorities it was built on
- 2018 M. Siddiq (d) Thr. Lrs. v. Mahant Suresh Das and Others Etc.
- 1994 Dr. M. Ismail Faruqui Etc. v. Union of India and Ors.
- 2011 Central Board of Secondary Education & Anr. v. Aditya Bandopadhyay & Ors.
- 2004 Karnataka Board of Wakf v. Government of India and Ors.
- 1963 C. Beepathumma & Ors. v. V.S. Kadambolithaya & Ors.
- 2009 Dr. C.P. Sreekumar, M.S. (ortho) v. S. Ramanujam
- 1999 Wali Mohammed Khan (dead) by Lrs. v. Rahmat Bee and Ors.
- 1984 Khilli Ram v. State of Rajasthan
- 2008 T. Kaliamurthi & Anr. v. Five Gori Thaikal Wakf & Ors.
- 1965 Fazlul Rabbi Pradhan v. State of West Bengal
- 2007 Chhedi Lal Misra (dead) through Lrs. v. Civil Judge, Lucknow and Ors.
- 1967 Syed Yousuf Yarkhan & Ors. v. Syed Mohammed Yarkhan & Ors.
- 1965 Srinivasa Reddiar and Others v. N. Ramaswamy Reddiar and Another
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.