TAMIL NADU WAKF BOARD versus SYED ABDUL QUADER & ORS.

TAMIL NADU WAKF BOARD versus SYED ABDUL QUADER & ORS.

All tenant proceedings under Section 9 of the 1921 Act relating to land owned by religious institutions abate by operation of Section 3 of the 1994 Amendment Act, extinguishing tenants' enforceable rights to purchase such land.

Parties
Appellant: Tamil Nadu Wakf Board; Respondents: Syed Abdul Quader & Ors.
Jurisdiction
India
Judgment Date
09 October 2012
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From High Court Judgment and Review Order
Outcome
Appeals allowed; judgments/orders set aside; remand for fresh disposal.
Legal Topics
Abatement of Proceedings, Tenant Rights, Religious Properties, Madras City Tenants' Protection Act
Property Law Tenancy Law Abatement of Proceedings Tenant Rights Religious Properties Madras City Tenants' Protection Act

Case Brief

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Parties

Tamil Nadu Wakf Board

Appellant

Syed Abdul Quader & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From High Court Judgment and Review Order

Legal Issues

  1. 1 Whether pending applications under Section 9 of the Madras City Tenants' Protection Act, 1921 abate by operation of Section 3 of the Madras City Tenants' Protection (Amendment) Act, 1994 in respect of land owned by religious institutions.
  2. 2 Whether rights and privileges accrued to tenants under the 1921 Act survive after the coming into force of the 1994 Amendment Act.

Ratio Decidendi

All tenant proceedings under Section 9 of the 1921 Act relating to land owned by religious institutions abate by operation of Section 3 of the 1994 Amendment Act, extinguishing tenants' enforceable rights to purchase such land.

Court Disposition

Appeals allowed; judgments/orders set aside; remand for fresh disposal.

Orders

  • Impugned judgment dated September 23, 1998 and order dated April 28, 1999 are set aside.
  • Second Appeal No. 640 of 1986 is restored to the file of the Madras High Court for fresh hearing and disposal in accordance with law.