Supreme Court · 2023 INSC 368 · Decided 13 April 2023

Sabir Ali Khan v. Syed MOHD. Ahmad Ali Khan and Others

Court
Supreme Court of India
Citation
2023 INSC 368 · [2023] 6 S.C.R. 930
Case number
CIVIL APPEAL No. 7086/2009
Decided
13 April 2023
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Limitation Act Section 10, 96, 65, 27

Headnote

Waqf Act, 1995: Wakf properties, of parties who are Shia Muslims - Beneficiaries and their rights - Beneficiaries perfecting title by adverse possession - Permissibility of - Held: A beneficiary of a waqf, being neither a trustee nor a co-owner of waqf adverse possession even if it is the property of the waqf - There cannot be any embargo against a beneficiary of a waqf claiming acquisition of title by adverse possession - Beneficiary of a waqf cannot be described as a stranger to the waqf - No doubt, a beneficiary is

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