Supreme Court of India · 2005-01-03
ABDUL RAIS vs M.P. WAKF BOARD .
- Citation / case number
- SC 2003/20520
- Court
- Supreme Court of India
- Petitioner
- ABDUL RAIS
- Respondent
- M.P. WAKF BOARD .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Madhya Pradesh High Court erred in ruling that the appellants' application was barred by time under Section 6 of the Wakf Act, 1954. The Court found that the limitation period of one year for filing a suit regarding wakf property begins only after notice is given, and since no notice was provided to the appellants, the application was timely. Consequently, the Court reversed the High Court's decision, affirming the Tribunal's ruling that the appellants were the 'Bhumiswami' of the suit property.