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july 1968

Supreme Court of India · 1968-07-24

BIBI AISHA & ORS. vs BIHAR SUBAI SUNNI MAJLIS AVAQAF & ORS.

Citation / case number
SC 1965/291
Court
Supreme Court of India
Petitioner
BIBI AISHA & ORS.
Respondent
BIHAR SUBAI SUNNI MAJLIS AVAQAF & ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the copy of the waqf deed was admissible under Section 65(a) of the Evidence Act, as it allowed for secondary evidence of the existence and contents of the original document. The Court clarified that while the case could also fall under Section 65(f), it was not necessary to produce a certified copy since clause (a) is not controlled by clause (f). The evidence presented established that the disputed properties were indeed waqf properties, thereby affirming the High Court's decree.

BIBI AISHA & ORS. vs BIHAR SUBAI SUNNI MAJLIS AVAQAF & ORS. · Niyam