VidhiSangh

Supreme Court of India · 20/10/2023

MUMTAZ YARUD DOWLA WAKF versus M/S BADAM BALAKRISHNA HOTEL PVT. LTD. & ORS.

[2023] 15 S.C.R. 984 · 2023 INSC 949

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Summary

The Supreme Court restored execution of a Wakf Tribunal’s eviction decree, rejecting a jurisdictional objection raised years after the decree became final. It endorsed Rashid Wali Beg and held the 2013 change concerning forum and jurisdiction procedural and retrospective in this context. The judgment distinguished an objection affecting substantive statutory rights from a belated forum objection where the parties’ rights and liabilities remained unchanged.

Issues

  1. Whether a final Wakf eviction decree could be defeated in execution by the belated jurisdictional objection.
  2. What effect the 2013 amendment and Rashid Wali Beg had on the forum question.

Provisions considered

Held

Result

Appeal allowed; High Court revision order set aside and the executing court’s order restored, permitting execution of the eviction decree. No costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 984.