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.