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march 1976

Supreme Court of India · 1976-03-22

SYED MOHD. SALIE LABBAI (DEAD) BY L.RS. AND ORS. vs MOHD. HANIFS (DEAD) BY L.RS. AND ORS.

Citation / case number
SC 1968/60259
Court
Supreme Court of India
Petitioner
SYED MOHD. SALIE LABBAI (DEAD) BY L.RS. AND ORS.
Respondent
MOHD. HANIFS (DEAD) BY L.RS. AND ORS.
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court addressed the issue of whether the mosque and its adjuncts, along with the graveyard, constituted wakf properties under the Muslim Wakfs Act, 1954, specifically Section 55(2). The Court held that the properties were indeed dedicated to public use and constituted public trusts, thus affirming the right of the respondents to seek management changes under Section 92 of the Code of Civil Procedure, 1908. The appeal was dismissed, upholding the lower court's decision to frame a scheme for the administration of the mosque and graveyard, while the claim regarding the Dargah was dismissed as it was deemed private property.

SYED MOHD. SALIE LABBAI (DEAD) BY L.RS. AND ORS. vs MOHD. HANIFS (DEAD) BY L.RS. AND ORS. · Niyam