Supreme Court of India · 2017-05-04
Rajasthan Wakf Board vs Devki Nandan Pathak & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 2155
- Court
- Supreme Court of India
- Petitioner
- Rajasthan Wakf Board
- Respondent
- Devki Nandan Pathak & Ors
- Author
- Abhay Manohar Sapre
- Bench
- R.K. Agrawal, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the sale of Wakf property is governed by Section 51 of the Waqf Act, 1995, which prohibits the sale of such property without following due procedure. The Court affirmed the Rajasthan Wakf Tribunal's decree that the suit land is indeed Wakf property and that the sale executed by respondent No.5 was void and illegal. Consequently, the High Court's order setting aside the Tribunal's decision was overturned, reinstating the Tribunal's ruling in favor of the plaintiff, respondent No.6.