WALI MOHAMMED KHAN (DEAD) BY LRS. versus RAHMAT BEE AND ORS.

WALI MOHAMMED KHAN (DEAD) BY LRS. versus RAHMAT BEE AND ORS.

Mutawallis and their donees cannot acquire title to Wakf property by adverse possession; possession by mutawallis or their donees is not adverse; suit for recovery of Wakf property against donee from mutawalli is not barred by limitation under Section 10 of the Limitation Act, 1963; earlier findings as to nature and management of property operate as res judicata and bar raising of adverse possession plea subsequently.

Parties
Appellant: Wali Mohammed Khan (Dead) by LRs.; Respondent No. 1: Rahmat Bee; Respondent No. 4: Guntur Prabhakar (NP); Appellant (impleaded Suo Moto): AP Wakf Board
Jurisdiction
India
Judgment Date
23 February 1999
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Andhra Pradesh High Court Judgment in Second Appeal No. 575 of 1979
Outcome
Appeal allowed; lower appellate court and High Court judgments set aside; trial court decree restored
Legal Topics
Wakf Property, Adverse Possession, Limitation Act, Res Judicata, Trusts, Gift Under Muslim Law, Impleading of Parties by Supreme Court
Muslim Law Civil Procedure Constitutional Law Wakf Property Adverse Possession Limitation Act Res Judicata Trusts +2 more

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Parties

Wali Mohammed Khan (Dead) by LRs.

Appellant

Rahmat Bee

Respondent No. 1

Guntur Prabhakar (NP)

Respondent No. 4

AP Wakf Board

Appellant (impleaded Suo Moto)

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Andhra Pradesh High Court Judgment in Second Appeal No. 575 of 1979

Legal Issues

  1. 1 Whether mutawallis or managers of Wakf property can perfect title by adverse possession
  2. 2 Whether possession of a mutawalli or his donee is adverse to the Wakf
  3. 3 Applicability of limitation for recovery of Wakf property

Ratio Decidendi

Mutawallis and their donees cannot acquire title to Wakf property by adverse possession; possession by mutawallis or their donees is not adverse; suit for recovery of Wakf property against donee from mutawalli is not barred by limitation under Section 10 of the Limitation Act, 1963; earlier findings as to nature and management of property operate as res judicata and bar raising of adverse possession plea subsequently.

Court Disposition

Appeal allowed; lower appellate court and High Court judgments set aside; trial court decree restored

Orders

  • Decree of trial court restored granting possession to appellant
  • No order as to costs