Chand Shah Ka Takiya
was Wakf property, and Nanne Shah, who managed the said
property, had wrongfully alienated the said property, by
executing a gift ... property, as inherently, in the very nature
of things, by adverse possession right can be perfected
only in respect of alienable property. Since the Wakf
Hazrat vs State
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
SCA/12350/2011 46
Page 22 of 28
benefit of the Wakf. For the tenant to contend that since the Wakf
property vests in God Almighty, a Mutawalli cannot ... Wakf property is both preposterous and
untenable. Although it is true that the beneficiaries of the Wakf
cannot claim any title in the Wakf property
Page 22 of 28
benefit of the Wakf. For the tenant to contend that since the Wakf
property vests in God Almighty, a Mutawalli cannot ... Wakf property is both preposterous and
untenable. Although it is true that the beneficiaries of the Wakf
cannot claim any title in the Wakf property
Properties.
(f) Setting up of Wakf Tribunals to consider questions and disputes pertaining to Wakfs.
(g) Alienation of Wakf properties to be made difficult ... whether the property is a Wakf property or not, and whether it is Sunni Wakf or Shia Wakf, is a dispute which falling within
Tribunal Section 54 deals with removal of encroachment from the Wakf property. Any person aggrieved by the order passed by the Chief Executive Officer could ... also enables the Tribunal to entertain application concerning alienation of Wakf property.
9. The above mentioned and other provisions would indicate that considerable powers have
premises belonging to a Wakf registered
with the Tamil Nadu Wakf Board was also brought within the purview of public
premises ... deal
effectively with the issues of encroachment and alienation of Wakf properties.
Accordingly, Section 54 of the Act was also amended, and it provided
Waqf Act, prior to its amendment, was as under:
51. Alienation of wakf property without sanction of
Board to be void.-
(1) Notwithstanding anything contained ... Alienation of Waqf property without sanction of
Board to be void:
(1) Notwithstanding anything contained in the waqf
deed, any lease of any immovable property
property was
surveyed and notified as Wakf property vide the Gazette notification in the year 1968.
The plaintiff institution being a minor the property ... exchange Wakf property or any part thereof, unless he is
expressly empowered by the deed of Wakf to do so. The Wakf
counsel for the petitioner submits that inasmuch as the property is a Wakf property the Wakf Tribunal cannot grant permanent injunction in the original suit ... respondent and without prior sanction of the Wakf board, the alienation of wakf property is void, that the lease deed is not valid since
