SIRAJUL HAQ KHAN & OTHERS versus THE SUNNI CENTRAL BOARD OF WAQF, U.P. & OTHERS

SIRAJUL HAQ KHAN & OTHERS versus THE SUNNI CENTRAL BOARD OF WAQF, U.P. & OTHERS

The property in suit constitutes a waqf governed by the United Provinces Muslims Waqf Act, 1936. The suit filed by the appellants is barred by limitation under s. 5(2) of the Act and is incompetent for want of statutory notice under s. 53, as the requisite notice was not served. Section 15 of the Limitation Act was not attracted as there was no injunction or order staying the institution of the suit.

Parties
Appellants: Sirajul Haq Khan & Others; Respondents: The Sunni Central Board of Waqf, U.P. & Others
Jurisdiction
India
Judgment Date
16 September 1958
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Decree of Allahabad High Court (lucknow Bench), F.c. Appeal No. 50 of 1947
Outcome
Appeal dismissed
Legal Topics
Waqf, Limitation, Statutory Notice, Interpretation of Statutes
Civil Law Religious and Charitable Trusts Waqf Limitation Statutory Notice Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Sirajul Haq Khan & Others

Appellants

The Sunni Central Board of Waqf, U.P. & Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Decree of Allahabad High Court (lucknow Bench), F.c. Appeal No. 50 of 1947

Legal Issues

  1. 1 Whether the suit properties are governed by the United Provinces Muslims Waqf Act, 1936.
  2. 2 Whether the suit is barred by limitation under s. 5(2) of the Act.
  3. 3 Whether the suit was maintainable without statutory notice under s. 53 of the Act.

Ratio Decidendi

The property in suit constitutes a waqf governed by the United Provinces Muslims Waqf Act, 1936. The suit filed by the appellants is barred by limitation under s. 5(2) of the Act and is incompetent for want of statutory notice under s. 53, as the requisite notice was not served. Section 15 of the Limitation Act was not attracted as there was no injunction or order staying the institution of the suit.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed with costs.