Supreme Court of India
Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu and Ors
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What the Court ordered
In view of the aforesaid facts and circumstances, we do not find any substance in either of the two points canvassed on behalf of the appellant.
Judgment, page 15
From the headnote
Wakf – Suit land was declared as wakf property by Single Judge – Order set aside by Division Bench – Held: Under the Muslim law, a wakf can be created in several ways but primarily by permanent dedication of any movable and immovable property by a person professing Islam for any purpose recognized by Muslim law as pious, religious or charitable purpose and in the absence of such dedication, it can be presumed to have come into existence by long use – In the present case, on the admitted facts, the wakf by dedication of the suit land is ruled out – Further, there is even no concrete evidence…
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