SYED YOUSUF YARKHAN & ORS. vs SYED MOHAMMED YARKHAN & ORS.

The Supreme Court held that the extension of the Indian Limitation Act, 1908 to Hyderabad did not confiscate the existing cause of action for recovery of wakf property, and the normal rule that the law of limitation applicable is that in force at the date of institution of the suit must apply. The Court found that the period of limitation prescribed by the Indian Limitation Act was shorter than that under the Hyderabad Act, thus the suit filed in 1956 was time-barred as it was not instituted within the two-year period allowed by Section 30 of the Indian Limitation Act. The Board of Muslim Endowments was not considered an agent of the State Government, and Article 149 of the Indian Limitation Act was not applicable to the suit.