Supreme Court · 1999 INSC 80 · Decided 23 February 1999
Wali Mohammed Khan (Dead) BY LRS. v. Rahmat Bee and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 80 · [1999] 1 S.C.R. 852
- Case number
- CIVIL APPEAL No. 159/1990
- Decided
- 23 February 1999
- Bench
- M. JAGANNADHA RAO, M.B. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution; Limitation Act Section 64, 65, 10
Headnote
Muslim Law : Wakf-Wakf property-Comprised of graveyard and tombs-R's father C was pennitted to construct a house in the graveyard for the purpose of conducting Fateha at the tombs in the compound and to provide the Fakirs who gathered there with hucca tobacco-Pem1issio11 deed conferred similar sio11 created a Wakf of a public nature in the house so constructed-There[ ore, R's father and R were in the position of mutawallis and cannot peifect title D E to the said hous:_ by adverse possession. Wakf-,--()bjects of-Directions issued for performing Fateha at graveyard and to use the
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