VidhiSangh

Supreme Court of India · 03/08/2021

TELANGANA STATE WAKF BOARD & ANR. versus MOHAMED MUZAFAR

[2021] 8 S.C.R. 63 · 2021 INSC 375

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Summary

The Court restored the Wakf Tribunal’s eviction decree for the tenanted and encroached portions of a graveyard property. The defendant’s challenge to the notified extent raised a dispute about whether the occupied land formed part of the listed wakf, within the Tribunal’s jurisdiction under the statutory framework applicable to the case. The High Court had also exceeded its revisional role by reappraising evidence as an appellate court. Three months were allowed to vacate, subject to payment of rent including arrears.

Issues

  1. Whether the dispute over the notified extent of wakf property was within the Tribunal’s jurisdiction.
  2. Whether the High Court properly exercised its revisional power over the Tribunal’s findings.

Provisions considered

Held

Result

Appeal allowed without costs; High Court order set aside and Tribunal decree restored, with three months to vacate both properties subject to payment of rent including arrears.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 63.