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.