Case Note & Summary
The Supreme Court allowed the appeal filed by the Andhra Pradesh State Wakf Board against the judgment of the High Court of Andhra Pradesh, which had decreed the suit in favor of the plaintiffs (respondents herein). The dispute concerned land admeasuring Ac. 3.00 in Sy. No. 914/B of Kallur Village, Kurnool District. The plaintiffs claimed absolute ownership based on a partition deed dated 01.06.1945 and subsequent registered sale deeds of 1985 and 1996, asserting that the land was a 'personal inam' granted by the Nawab of Kurnool. The Wakf Board contended that the land was 'service inam' attached to Budda Buddi Mosque, forming part of registered Wakf property, and that the partition deed itself described it as such. The Wakf Tribunal dismissed the suit, holding that the plaintiffs failed to establish title or lawful possession. The High Court reversed this decision, holding that the defendants failed to prove the land was Wakf property. The Supreme Court examined the partition deed and found that it explicitly described the land as 'service inam' for rendering services to the mosque, which under settled law makes it Wakf property. The Court held that the plaintiffs' title was void ab initio as service inam lands cannot be alienated. Additionally, the Gazette Notification of 1963 under the Wakf Act, 1995, which recorded the property as Wakf, had not been challenged and was binding. The Court also noted that the plaintiffs failed to discharge their burden of proof under Sections 101-103 of the Evidence Act, 1872. The High Court's judgment was set aside, and the Tribunal's judgment was restored. The appeal was allowed with no order as to costs.
Headnote
A) Wakf Law - Service Inam - Character of Property - Service inam lands granted for rendering services to a mosque are impressed with the character of Wakf property and cannot be alienated or transferred - The partition deed dated 01.06.1945 described the suit property as 'service inam' for Budda Buddi Mosque, thus the property is Wakf - Held that such lands are endowed property and subsequent sale deeds are void ab initio (Paras 24-25). B) Evidence Act, 1872 - Burden of Proof - Sections 101 to 103 - In a suit for declaration and injunction, the plaintiff must establish title and possession independently on the strength of their own evidence, not on the weakness of the defence - The High Court erred in shifting the burden to the defendants - Held that the plaintiffs failed to discharge their burden (Paras 14, 26). C) Wakf Act, 1995 - Gazette Notification - Binding Effect - Sections 4, 5, 6 - Gazette Notification dated 02.05.1963 under Section 5(2) recording the suit property as Wakf, having not been challenged under Section 6, attains finality and is binding - Held that the notification is conclusive evidence of the property being Wakf (Paras 16, 27). D) Code of Civil Procedure, 1908 - Additional Evidence - Order XLI Rule 27 - Documents not part of the record before the courts below cannot be relied upon for the first time in appeal - Held that such reliance is impermissible (Para 18).
Issue of Consideration
Whether the suit schedule property admeasuring Ac. 3.00 in Sy. No. 914/B of Kallur Village is Wakf property or not?
Final Decision
Appeal allowed. Impugned judgment of High Court dated 18.01.2011 set aside. Judgment and decree of Andhra Pradesh Wakf Tribunal dated 04.08.2009 restored. No order as to costs.
Law Points
- Service inam lands granted for religious or charitable purposes are Wakf property
- Partition deed recital of 'service inam' binds parties
- Burden of proof lies on plaintiff to establish title
- Gazette notification under Wakf Act is binding if unchallenged
- Additional evidence not permissible under Order XLI Rule 27 CPC if not part of record below
