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.