M P WAKF BOARD Vs. SUBHAN SHAH
LAWS(SC)-2006-10-85
SUPREME COURT OF INDIA
Decided on October 31,2006

MADHYA PRADESHWAKF BOARD Appellant
VERSUS
SUBHAN SHAH (D) BY L.RS. Respondents


Referred Judgements :-

ARUR SINGH AND OTHERS V. BADAR DIN AND OTHERS [REFERRED TO]
MOTISHAH AND OTHERS V. ABDUL GAFFAR KHAN [REFERRED TO]
KIRAN SINGH VS. CHAMAN PASWAN [REFERRED TO]
TILAYYIL MAINMO VS. KOTTIATH RAMUMI [REFERRED TO]
D N ROY AND S K BANNERJEE VS. STATE OF BIHAR [REFERRED TO]
M D ARMY WELRARE HOUSING ORGANISATION VS. SUMANGAL SERVICES PRIVATE LIMITED [REFERRED TO]



Cited Judgements :-

PINESHBHAI AMRUTLAL PATEL VS. EDUCATION OFFICER [LAWS(GJH)-2016-9-8] [REFERRED TO]
TAMIL NADU WAKF BOARD VS. HAKKIM M MOHAMED MOIDEEN [LAWS(MAD)-2007-12-50] [REFERRED TO]
THAYYIL KUNHIMOHAMMED HAJI VS. DARUL HUDA ISLAMIC ACADEMY [LAWS(KER)-2007-12-8] [REFERRED TO]
YOGI AGARWAL VS. INSPIRATION CLOTHES [LAWS(SC)-2008-12-43] [REFERRED TO]
A SYED MUHAIDEEN SAHIB VS. M N ABU SALIH SAHIB [LAWS(MAD)-2017-8-257] [REFERRED TO]
K.R. AJAYAKUMAR VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-11-25] [REFERRED TO]
TAMIL NADU WAKF BOARD VS. KADAYANALLUR RAHMANIA TRUST [LAWS(MAD)-2018-7-461] [REFERRED TO]
MOHD NAUMAN KHAN VS. ABDUL MOEED [LAWS(DLH)-2010-11-110] [REFERRED TO]
AKHALAK AHMED NIZAMALI BUKHARI VS. GUJARAT STATE WAQF TRIBUNAL [LAWS(GJH)-2020-9-218] [REFERRED TO]
MAULVI ABDUL RAHMAN SIYAI VS. SARDAR MAQBOOL HASAN [LAWS(ALL)-2008-12-347] [REFERRED TO]
DELHI TECHNOLOGICAL UNIVERSITY VS. B.S.RAWAT [LAWS(DLH)-2022-8-25] [REFERRED TO]
INDIAN CO-OPERATIVE CREDIT SOCIETY LTD. VS. JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL) AND ORS. [LAWS(KER)-2015-8-59] [REFERRED TO]
KALPANA CHAWLA COLLEGE OF EDUCATION FOR WOMEN VS. NATIONAL COUNCIL FOR TEACHER EDUCATION [LAWS(DLH)-2011-2-323] [REFERRED TO]
KAUSHALYA DEVI VS. PUNJAB WAKF BOARD AND ORS [LAWS(HPH)-2009-9-63] [REFERRED]
PARIPOORNA SANATHANA AYURVEDA MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE VS. UNION OF INDIA [LAWS(KAR)-2022-2-47] [REFERRED TO]
ALAPPUZHA MUHIYIDEEN MASJID ASSOCIATION VS. ABDULKHADER [LAWS(KER)-2010-11-427] [REFERRED TO]
LAL SHAH BABA DARGAH TRUST VS. MAGNUM DEVELOPERS AND OTHERS [LAWS(SC)-2015-12-32] [REFERRED TO]
JANAKI BUSAPPA VS. A P STATE WAKF BOARD [LAWS(APH)-2008-8-27] [REFERRED]
YELLAPPA VS. STATE [LAWS(KAR)-2019-5-92] [REFERRED TO]
M JAHABAR HUSSAIN VS. S M MOHAMMED FATHI ALI [LAWS(MAD)-2017-8-220] [REFERRED TO]
THE HAZARAT THABLE AALAM BADUSHA NATHARVALI AND ORS. VS. F. SYED AMEENUDEEN AND ORS. [LAWS(MAD)-2016-4-58] [REFERRED TO]
THE HAZARAT THABLE AALAM BADUSHA NATHARVALI AND ORS. VS. F. SYED AMEENUDEEN AND ORS. [LAWS(MAD)-2016-4-58] [REFERRED TO]
RAJESH JAIN AND ORS. VS. QAZI SHAMIM AHMED AND ORS. [LAWS(DLH)-2015-5-30] [REFERRED TO]
BHANU PRAKASH CHATURVEDI VS. JAIRANI AND ORS. [LAWS(ALL)-2012-5-368] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. D P JAIN [LAWS(NCD)-2007-5-38] [REFERRED TO]
SAHEED CAPT D K KHOLA COLLEGE OF EDUCATION VS. NATIONAL COUNCIL FOR TEACHER EDUCATION [LAWS(DLH)-2011-4-24] [REFERRED TO]
SYED THAJUDDIN VS. SYED MOHIDEEN [LAWS(MAD)-2010-11-133] [REFERRED TO]
BHANU PRAKASH CHATURVEDI VS. JAIRANI [LAWS(ALL)-2015-5-196] [REFERRED TO]
GIRIDHAR MADRAS VS. THE INDIAN INSTITUTE OF SCIENCE AND ORS. [LAWS(KAR)-2019-8-337] [REFERRED TO]
HALDAR VIKAS CREDIT CO-OPERATIVE SOCIETY LTD. VS. CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS. [LAWS(KER)-2015-8-135] [REFERRED TO]
S.V.P. POOKOYA AND OTHERS VS. LAKSHADWEEP STATE WAKF BOARD KAVARATTI AND OTHERS [LAWS(KER)-2018-10-306] [REFERRED TO]
KAVITHA G. PILLAI VS. JOINT DIRECTOR [LAWS(KER)-2016-11-69] [REFERRED TO]
MR. M. ETHIRAJ VS. SHEETALA CREDIT HOLDINGS PVT. LTD. [LAWS(MAD)-2017-7-142] [REFERRED TO]
PATTAKAL CHERIYAKOYA VS. ALIYATHAMMUDA BEETHATHEBIYYAPPURA MUTHUKOYA [LAWS(KER)-2007-12-40] [REFERRED TO]
TATA POWER COMPANY LIMITED VS. MAHARASHTRA ELECTRICITY [LAWS(ET)-2012-5-3] [REFERRED TO]
ALAPPUZHA MUHIYIDEEN MASJID ASSOCIATION VS. ABDULKHADER [LAWS(KER)-2011-3-78] [REFERRED TO]
STATE OF ANDHRA PRADESH (NOW STATE OF TELANGANA) VS. A.P. STATE WAKF BOARD [LAWS(SC)-2022-2-24] [REFERRED TO]
TAMIL NADU WAKF BOARD VS. JANAB K S M A MOHAMED MANSOOR [LAWS(MAD)-2009-12-610] [REFERRED TO]
M A MUHAMMED KUNJU VS. BIJU [LAWS(KER)-2008-4-7] [REFERRED TO]
POOKKADAN MOIDEENKUTTY VS. KUTTIYALI [LAWS(KER)-2009-7-62] [REFERRED TO]
MEHMOOD KHAN SARTAJ KHAN PATHAN VS. MAHARASHTRA STATE BOARD OF WAQF, AURANGABAD [LAWS(BOM)-2023-5-10] [REFERRED TO]
ISLAMIC WELFARE ASSOCIATION VS. WAKF TRIBUNAL [LAWS(MAD)-2011-9-95] [REFERRED TO]
MOHD ANSAR SALIK VS. SHAIKH HAMID BABUMIYA INAMDAR [LAWS(BOM)-2010-2-57] [REFERRED TO]
MOIDU VS. NARAYANAN [LAWS(KER)-2016-12-81] [REFERRED TO]
MAGNUM DEVELOPERS AND ORS. VS. LAL SHAH BABA DARGAH TRUST AND ORS. [LAWS(BOM)-2015-9-67] [REFERRED TO]
SRIDEVI D/O ANNARAYA HALLIKHED W/O LATE SHARANAPPA VS. REGISTRAR GENERAL HONBLE HIGH COURT OF KARNATAKA [LAWS(KAR)-2019-4-171] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)These two appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(2.)One Hazrat Sha Walli was a Peer. He was called Shan Shah-E-Malwa. On his death, a Dargah was established in his memory. Erstwhile Maharaja Holkar Darbar, a Hindu king granted Mafi Inayat Land to the Dargah. Allegedly, the land in question was held to be not forming a part of Wakf in terms of the provisions of the Wakf Act, 1954 (for short "the 1954 Act"). One Munna Bai filed an application for getting her name mutated in respect of the property in question. It was dismissed on 4.2.1967. She thereafter filed an application under Section 25 of the 1954 Act for registering the Dargah as a Wakf. A notice was issued to Subhan Shah and others who were the heirs of the said Hazrat Sha Walli (hereinafter referred to as "the private parties"). They filed their show cause denying and disputing that the property in question was a Wakf property. It was contended that Munna Bai filed the aforementioned application as she was denied her claim to occupy the post of a Mujjawarship. It was further contended:
"That there has been 50 Bighas land under the Sanad but when we were minors and Mahboobsha the husband of the lady was the person in charge of the office of Mujjawarship, the Jahagirdar has snatched away about 40 Bighas, but since ours taking charge of it we are most aptly managing the property and properly looking after the Dargah. It is wrong to say that there is a managing committee for this Dargah."

(3.)On or about 18.3.1968, the properties were declared as Wakf property and the Dargah was registered as Wakf by an order dated 18.3.1968. The private parties application for recall of the said order was rejected by the Madhya Pradesh Wakf Board (for short "the Board") by an order dated 24.6.1968 stating that registration of the Dargah as Wakf was legal. A committee was thereafter constituted by the Board for managing the affairs of the Dargah. Possession of the private parties was allegedly forcibly taken over.


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