Supreme Court of India · 2007-02-13
CHHEDI LAL MISRA (DEAD) THROUGH LRS. vs CIVIL JUDGE, LUCKNOW
- Citation / case number
- SC 1999/585
- Court
- Supreme Court of India
- Petitioner
- CHHEDI LAL MISRA (DEAD) THROUGH LRS.
- Respondent
- CIVIL JUDGE, LUCKNOW
- Author
- ALTAMAS KABIR
- Bench
- ALTAMAS KABIR TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of Writ Petition No. 4272/1983, affirming that the compromise decree between the Wakif and the Mutwalli was not binding on the Shia Central Board of Wakf, as it was not a party to the suit. The Court emphasized that the registration of the wakf under Section 38 of the U.P. Muslim Wakfs Act, 1936, and the subsequent notifications were valid and had not been challenged. Consequently, the appellant's claim to the properties was rejected, reinforcing the legal principle that registered wakf properties cannot be unilaterally altered without due process.