Supreme Court · 2019 INSC 980 · Decided 30 August 2019
Syed Zainul Abedeen v. The Rajasthan Board of Muslim Wakf
- Court
- Supreme Court of India
- Citation
- 2019 INSC 980 · [2019] 11 S.C.R. 1006
- Case number
- CIVIL APPEAL No. 7130/2010
- Decided
- 30 August 2019
- Bench
- N.V. RAMANA, AJAY RASTOGI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 113
Headnote
Waqf Act, 1954: ss.4, 5(2) and 6 proviso - Suit u/s. 6 seeking declaration that the subject property was not Waqf-Al-Allah, but Waqf-Alal-Aulad - Suit was filed beyond statutory period of one year - Courts below held that suit was barred by limitation and hence to Supreme Court - Held: Suit was undisputedly preferred beyond statutory period of limitation - Once the property is registered as Waqf-Al-Allah the dispute regarding nature of Waqf is open to be examined only within the four corners of s.6 and hence the limitation period as provided in proviso
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