Supreme Court of India · 2004-08-19
Sayed Muhammed Mashur Kunhi Koya ... vs Badagara Jumayath Palli Dharas ...
- Citation / case number
- AIR 2004 SUPREME COURT 4365
- Court
- Supreme Court of India
- Petitioner
- Sayed Muhammed Mashur Kunhi Koya ...
- Respondent
- Badagara Jumayath Palli Dharas ...
- Author
- Shivaraj V. Patil
- Bench
- Shivaraj V. Patil, B.N. Srikrishna
Judgment text excerpt
The Supreme Court addressed the validity of the transfer of mutawalliship under the Wakf Act, 1995, specifically examining Section 85 regarding the jurisdiction of civil courts. The Court held that the plaintiff, despite the invalidity of the mutawalliship transfer, retained the right to sue for recovery of possession of the property. The judgment of the High Court was upheld, affirming that the civil court had jurisdiction and that the plaintiff was entitled to pursue the suit for possession.