MOHAMMAD versus MOHAMMED BEKE

MOHAMMAD versus MOHAMMED BEKE

No Wakf was created as there was no dedication of the property for public or mosque purposes—possession and enjoyment remained with the father during his lifetime, public was not allowed to pray or have access, and the deed was cancelled during the father's lifetime.

Parties
Appellant: Mohammad; Respondent: Mohammed Beke
Jurisdiction
India
Judgment Date
06 September 1996
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Kerala High Court in RP No. 251/93 in S.a. No. 86/88
Outcome
Appeal allowed
Legal Topics
Wakf, Dedication of Property, Deed Cancellation
Muslim Law Property Law Wakf Dedication of Property Deed Cancellation

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 3 Party arguments 2
Sign in to unlock

Parties

Mohammad

Appellant

Mohammed Beke

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Kerala High Court in RP No. 251/93 in S.a. No. 86/88

Legal Issues

  1. 1 Whether a Wakf was created under Section 2(1) of the Wakf Act, 1954 by the deed executed by the appellant and whether the appellant could cancel the deed

Ratio Decidendi

No Wakf was created as there was no dedication of the property for public or mosque purposes—possession and enjoyment remained with the father during his lifetime, public was not allowed to pray or have access, and the deed was cancelled during the father's lifetime.

Court Disposition

Appeal allowed

Orders

  • Suit stands dismissed
  • No order as to costs