BIBI AISHA & ORS. versus BIHAR SUBAI SUNNI MAJLIS AVAQAF & ORS.

BIBI AISHA & ORS. versus BIHAR SUBAI SUNNI MAJLIS AVAQAF & ORS.

A copy of the waqf deed and its English translation, attested and retained at the Waqf Board, supported by numerous admissions and unimpeachable evidence, is admissible as secondary evidence under s. 65(a) of the Evidence Act, even if certified copy could be produced under s. 65(f). Clause (a) is not restricted by clause (f). The disputed properties were satisfactorily established as waqf properties by Bibi Mannu Khanam Jan's deed dated August 20, 1827.

Parties
Appellants: Bibi Aisha & Ors.; Respondents: Bihar Subai Sunni Majlis-e-Awaqaf & Ors.
Jurisdiction
India
Judgment Date
24 July 1968
Procedural Posture
Civil Appeal / Appeal From Decree of Patna High Court
Outcome
appeal dismissed
Legal Topics
Admissibility of Secondary Evidence, Waqf Property, Dedication of Property, Registration and Loss of Document
Evidence Law Property Law Religious Trusts Admissibility of Secondary Evidence Waqf Property Dedication of Property Registration and Loss of Document

Case Brief

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Parties

Bibi Aisha & Ors.

Appellants

Bihar Subai Sunni Majlis-e-Awaqaf & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Decree of Patna High Court

Legal Issues

  1. 1 Whether a copy and translation of waqf deed retained at Waqf Board is admissible as secondary evidence under s. 65(a) and (f) of the Evidence Act
  2. 2 Whether cl. (f) controls cl. (a) for documents falling under both

Ratio Decidendi

A copy of the waqf deed and its English translation, attested and retained at the Waqf Board, supported by numerous admissions and unimpeachable evidence, is admissible as secondary evidence under s. 65(a) of the Evidence Act, even if certified copy could be produced under s. 65(f). Clause (a) is not restricted by clause (f). The disputed properties were satisfactorily established as waqf properties by Bibi Mannu Khanam Jan's deed dated August 20, 1827.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; decree of Patna High Court confirming trial Court upheld.