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february 2007

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.

CHHEDI LAL MISRA (DEAD) THROUGH LRS. vs CIVIL JUDGE, LUCKNOW · Niyam