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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
M. Sirajudeen Sayeed, (Died) – Appellant
Versus
Tamil Nadu Waqf Board, Represented by its Chief Executive Officer – Respondent
ORDER :
P.B. BALAJI, J.
1.The revision petitioner, now by legal representatives, is the plaintiff in O.S.No.23 of 2022 before the Tamil Nadu Waqf Tribunal. The plaintiff, being unsuccessful before the Waqf Board, preferred an appeal before the Waqf Tribunal. The same was dismissed by a judgment and decree dated 11.10.2022, as against which, the present Civil Revision Petition has been filed.
2.I have heard Mr.Balan Haridas, learned counsel for the revision petitioners and Mr.Haja Mohideen Gisthi, learned counsel for the 1st respondent, Mrs.A.Ajimath Begum, learned counsel for the 2nd respondent and Mr.Zaffarullah Khan, learned counsel for the 3rd respondent.
3.Mr.Balan Haridas, learned counsel for the revision petitioner would state that the subject property is a private family Trust, belonging to the plaintiff’s family and at no point of time, there was any dedication of the subject properties for any public waqf or public objects/charities. The Trust created a private family waqf, which is for the benefit of the family members only and without any jurisdiction, the Waqf Board notified the property as a public waqf and directing registration of the waqf under Section 36 of the Waqf Ac
The court ruled that a property designated as waqf must demonstrate clear evidence of public dedication; otherwise, it remains private.
A public waqf is only created upon a clear declaration, total divestment of ownership, and dedication for public charitable use. Mere references to religious terms in private family deeds are insuffi....
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
The rejection of a plaint for lack of cause of action must be substantively justified; merely asserting lack of merit without proper consideration of presented evidence is insufficient.
The constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
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