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may 2017

Supreme Court of India · 2017-05-04

RAJASTHAN WAKF BOARD vs DEVKI NANDAN PATHAK .

Citation / case number
SC 2014/15148
Court
Supreme Court of India
Petitioner
RAJASTHAN WAKF BOARD
Respondent
DEVKI NANDAN PATHAK .
Author
Abhay Manohar Sapre
Bench
ABHAY MANOHAR SAPRE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside the Rajasthan Wakf Tribunal's order, emphasizing that the suit land was not Wakf property as claimed by the plaintiff, Devki Nandan Pathak, under the Waqf Act, 1995. The Court clarified that the sale of the land by respondent No. 5 to respondents Nos. 1 to 4 was valid, as the plaintiff failed to prove the land's Wakf status, thereby affirming the defendants' right to possess the property. The Court ruled that the Tribunal lacked jurisdiction to adjudicate the matter, directing that the appropriate remedy lies in a civil suit.

RAJASTHAN WAKF BOARD vs DEVKI NANDAN PATHAK . · Niyam