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Supreme Court of India 2026-01-28 allowed

Habib Alladin & Ors vs Mohammed Ahmed

Bench: 2 — Sanjay Kumar, K. Vinod Chandran

In Brief

The Supreme Court clarified the jurisdiction of Waqf Tribunals under the Waqf Act, 1995. The case involved a dispute over a property allegedly used as a mosque on the ground floor of an apartment complex. The appellants challenged the Tribunal's authority to hear the dispute, arguing the property was neither listed in the statutory List of Auqaf nor registered under the Act. The Court held that Waqf Tribunals lack jurisdiction over properties not included in the statutory List or registered under the Act. Section 83 merely enables tribunal constitution and does not grant omnibus jurisdiction. Civil courts retain jurisdiction over disputes where statutory triggers for Tribunal jurisdiction are absent.

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Waqf Law Administrative Law Tribunal Jurisdiction Statutory Interpretation Ouster of Civil Court Jurisdiction Waqf Properties Waqf by User Property Rights

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