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august 2001

Supreme Court of India · 2001-08-08

SHRI HAFAZAT HUSSAIN vs SHRI ABDUL MAJEED .

Citation / case number
SC 1988/68158
Court
Supreme Court of India
Petitioner
SHRI HAFAZAT HUSSAIN
Respondent
SHRI ABDUL MAJEED .
Bench
S. RAJENDRA BABU & DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court upheld the decree of the Allahabad High Court, affirming that the property in question was validly dedicated as Wakf under the Muhammadan Law, despite the defendant's claims regarding the source of income from which the property was acquired. The Court emphasized that the deed of gift executed by Smt. Zohra Bibi and the subsequent Wakf deed were legally binding, and the plaintiffs, as appointed Mutwallis, had the right to recover possession. The judgment clarified that the nature of the property does not invalidate its status as Wakf under the law, thus reinforcing the principles of property law concerning religious endowments.

SHRI HAFAZAT HUSSAIN vs SHRI ABDUL MAJEED . · Niyam