Supreme Court of India · 2008-05-06
Mohammedia Coop. Building Society Ltd vs Lakshmi S. Coop. Building Society Ltd. & ...
- Court
- Supreme Court of India
- Petitioner
- Mohammedia Coop. Building Society Ltd
- Respondent
- Lakshmi S. Coop. Building Society Ltd. & ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the applicability of the Wakf Act, 1954 regarding a specific performance suit involving wakf property. It was held that the authority of the Mujavars to sell wakf land is contingent upon obtaining permission from the Wakf Board, as per Section 43(2) of the Wakf Act. The Court ruled that the agreement for sale entered into by the Mujavars without such permission is void, thereby upholding the High Court's decision to dismiss the appeal for specific performance.