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july 1969

Supreme Court of India · 1969-07-15

AYESHA BIBI vs COMMISSIONER OF WAKFS, WEST BENGAL & ORS.

Citation / case number
SC 1966/60318
Court
Supreme Court of India
Petitioner
AYESHA BIBI
Respondent
COMMISSIONER OF WAKFS, WEST BENGAL & ORS.
Bench
HIDAYATULLAH, M. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 70(1) of the Bengal Wakfs Act, 1934, the Commissioner of Wakfs is entitled to notice of the suit, but the absence of notice for the compromise petition does not render the decree void if the Commissioner was present during the proceedings and had the opportunity to resist the suit. The Court restored the judgment of the Subordinate Judge, affirming that the decree was valid despite the Commissioner's later objection. The ruling clarified the procedural requirements regarding notice under the Act.

AYESHA BIBI vs COMMISSIONER OF WAKFS, WEST BENGAL & ORS. · Niyam