Supreme Court of India · 1962-04-09
NAWAB ZAIN YAR JUNG AND OTHERS vs THE DIRECTOR OF ENDOWMENTS AND OTHERS
- Citation / case number
- SC 1961/73
- Court
- Supreme Court of India
- Petitioner
- NAWAB ZAIN YAR JUNG AND OTHERS
- Respondent
- THE DIRECTOR OF ENDOWMENTS AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the trust created by the Nizam of Hyderabad is a secular public charitable trust and not a Wakf under the Wakf Act, 1954. The Court found that the trust deed vested title in the trustees with absolute discretion to use the property for charitable purposes, which is inconsistent with the definition of a Wakf. Consequently, the registration of the trust under Section 28 of the Wakf Act was deemed invalid and inoperative, affirming the High Court's dismissal of the writ petition.