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KIRANMAYEE MANDAVA
Meer Shah Noor – Appellant
Versus
Mohammad Saleem Baig – Respondent
JUDGMENT :
1. The cause of action for filing the suit dates back to the year 1913. Masjid known as Jama Masjid Waqf/Jamia Mosque, Canal Road, Vijayawada is the subject-matter of the subject suit proceedings.
2. It is stated that one Md. Abdul Hakeem and another filed OS No.113 of 1913 before the Principal Sub-Judge, Bezwada, seeking following reliefs :
3. The facts leading to the filing of the suit, culled out from the record are that way back in the 17th century, one Shah Musafir Sahib acquired properties at Vijayawada. He constructed a mosque on the part of it and endowed the remaining property for the benefit of the mosque. After two centuries, Mr. Abdul Hakim Sahib and others filed suit in 1913, in OS No.113 of 1913, before the Sub-Court, Bezwada, under Sections 9
A suit under Section 92 CPC requires an established cause of action; claims based on lineage must be substantiated, otherwise, they are barred by limitation.
The Mutawalli's role is managerial and does not grant the authority to file suit on behalf of a mosque, which can only be done by the Waqf Board.
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
The judgment establishes the principle that a petitioner must demonstrate a direct injury or violation of legal rights to have locus standi to challenge an act, and waiver of specific rights may impa....
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
The court established that a party must specifically plead challenges to the appointment of a Mutawalli in a waqf case, and that amendments to the Waqf Act do not retroactively affect cases already a....
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