Said Maher Husein vs Haji Alimahomed Jalaludin on 27 November, 1933
In the case of Maher Husein v. Alimahomed (supra) the Bombay High Court while considering the question of nature of waqf held as under:
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1 - 10 of 15 (0.22 seconds)Mohammad Shah vs Fasihuddin Ansari And Ors. on 9 May, 1956
Almost the same view was endorsed by their Lordships of the Supreme Court in Mohammad Shah v. Fasihudin Ansari, AIR 1956 SC 713, wherein it was observed that as a matter of law the wakf normally requires express dedication but if the land has been sued form time immemorial for religious purposes, then the land is by user wakf although there is no evidence of an express dedication. There is no doubt, that the property may become wakf by long user as the place of worship or for other religious purposes in the title of the original owner will extinguish, the property having acquired a public character, shall vest in God.
Sain Maule Shah vs Ghane Shah on 3 May, 1938
In Sain Maule Shah v. Ghane Shah, AIR 1938 PC 202 it was observed that a 'takia' is a place where a fakir or dervish resides, before his pious life and teachings attract public notice and before disciples gather round him, and a place is constructed for their lodgement. A 'takia' is recognised by law as a religious institution, and a grant or endowment to it is a valid wakf or public trust for a religious purpose.
Khati And Ors. vs Mirza Hossain Beg And Ors. on 31 March, 1961
In the case of Khati v. Mirza Hossair (supra) the High Court of Orissa held as under:
Banubi Umarsaheb vs Narsingrao Ranojirao on 19 December, 1906
" The authorities cited show that there must be a declaration of dedication which should be made contemporaneously with the act of dedication: Banubi v. Narsingrao.
Abadi Begum vs Kaniz Zainab on 1 November, 1926
Physical delivery is not essential, but such possession as is possible must be given: Abadi Begum v. Kamiz Zainab. There are special rules in the case of mosques--- Willson's Anglo Mahomedan Law, S.320; Amir Ali's Muhammadan Law, Vol.1, page 394 ff: and Tyabji's Principles of Muhammadan Law, S.514. When once a building has been set apart as a mosque it is enough to make it wakf if public prayers are once said there with the permission of the owner. But though a declaration of dedication and completion by some act giving practical effect to it are essential, it was not always necessary that there should be any direct evidence of these things.
Khawaja Muhammad Hamid vs Mian Mahmud on 2 November, 1922
Dedication may be inferred from long user as wakf property: see Court of Wards v. Ilahi Bakhsh and Muhammad Hamid v. Mian Mahmud; and other cases cited in Tyabji's Principles, S.458. There can be no doubt as to this principle which is recognised in all the text books."
Anjuman Islamia vs Najim Ali And Ors. on 23 September, 1981
In the case of Anjuman Islamia v. Najim Ali and others (supra) the Madhya Pradesh High Court while considering the various decisions of the apex Court as well as by the High Courts held as under: