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Mohammed Rafi vs Thiruvengadam on 11 February, 2021 cites

Sayyed Ali And Ors vs Andhra Pradesh Wakf Board Hyderabad And ... on 28 January, 1998

Para 8: Ms. Shobha, learned counsel for the appellant, drew our attention to the decision of this Court in Sayyed Ali v. A.P. Wakf Board, Hyderabad, (1998) 2 SCC 642; to contend that wakf property can never lose its character as wakf property once it is shown that it is a permanent dedication of property and once a wakf, it will always be a 8/14 https://www.mhc.tn.gov.in/judis/ CRP.NPD.No.4461 of 2015 wakf. The point urged in this Case is that the suit property is a wakf property and hence sought for possession. What was pointed out by the Trial Court, the First Appellate Court and the High Court concurrently is that before filing the suit as provided in law, the Wakf Board should have followed the procedure as required under Section 4, 5 and 6 or 27 of the Act. A finding of fact has been recorded by the Trial Court, and affirmed in appeal, is that the suit properties are not included in the notification published under Section 5(2) of the Act and therefore, steps should have been taken as provided under Section 27 of the Act. It is only thereafter a suit for possession could have been filed by the appellant. There is no answer to this finding.”
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