VidhiSangh

Supreme Court of India · 01/08/2019

ALIYATHAMMUDA BEETHATHEBIYYAPPURA POOKOYA & ANR. versus PATTAKAL CHERIYAKOYA & ORS.

[2019] 10 S.C.R. 961 · 2019 INSC 849

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Summary

The Pattakal family’s customary succession to the office of mutawalli of the Andrott Jumah mosque was upheld on historical and documentary evidence. Muslim law gives no automatic hereditary entitlement, but a sufficiently proved custom reflecting the founder’s intention may govern succession. Temporary outside appointments, an advisory repair committee and a void compromise did not extinguish the custom. The right remained managerial and subject to statutory supervision, including removal for mismanagement.

Issues

  1. Whether the High Court exceeded revisional jurisdiction in recognising the customary office.
  2. Whether hereditary succession was specifically pleaded and adequately proved, or later abrogated.
  3. Whether the family’s management offended public policy.

Provisions considered

Held

Result

Appeals dismissed; High Court judgment recognising the respondents’ customary right to the mutawalli office confirmed, subject to the governing waqf legislation and supervisory powers.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 961.