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august 2001

Supreme Court of India · 2001-08-31

TAMIL NADU WAKF BOARD vs HATHIJA AMMAL (DEAD) BY LRS. ETC. ETC.

Citation / case number
SC 1989/69372
Court
Supreme Court of India
Petitioner
TAMIL NADU WAKF BOARD
Respondent
HATHIJA AMMAL (DEAD) BY LRS. ETC. ETC.
Bench
S. RAJENDRA BABU & S.N. VARIAVA

Judgment text excerpt

The Supreme Court held that the properties in question were not public wakf properties as per the provisions of the Wakf Act, 1954, specifically Section 5(2), which requires proper notification for properties to be recognized as wakf. The Court affirmed the lower courts' decisions that the appellant could not recover possession due to the lack of valid notification and the subsequent sale of properties by heirs, which altered their character. The Court emphasized that without adherence to the Act's procedures, the appellant's claim for possession was untenable.

TAMIL NADU WAKF BOARD vs HATHIJA AMMAL (DEAD) BY LRS. ETC. ETC. · Niyam