Supreme Court of India · 2004-08-19
SAYED MUHAMMED MASHUR KUNHI KOYA THANGAL vs BADAGARA JUMAYATH PALLI D. COMMTT.
- Citation / case number
- SC 2001/17871
- Court
- Supreme Court of India
- Petitioner
- SAYED MUHAMMED MASHUR KUNHI KOYA THANGAL
- Respondent
- BADAGARA JUMAYATH PALLI D. COMMTT.
- Bench
- SHIVARAJ V. PATIL & B.N. SRIKRISHNA
Judgment text excerpt
The Supreme Court addressed the validity of the plaintiff's title and the transfer of mutawalliship under the Wakf Act, 1995, specifically examining Section 85. The Court held that the plaintiff-committee, despite the invalidity of the agreement dated 13.2.1973, was entitled to sue for recovery of possession of the property. The Court also directed the State Wakf Board to appoint a new mutawalli, thereby affirming the High Court's decision while clarifying the legal standing of the plaintiff's claim.