Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2004

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.

Sayed Muhammed Mashur Kunhi Koya ... vs Badagara Jumayath Palli Dharas ... · Niyam