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august 2004

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.

SAYED MUHAMMED MASHUR KUNHI KOYA THANGAL vs BADAGARA JUMAYATH PALLI D. COMMTT. · Niyam