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Supreme Court of India 2017-04-19 allowed

Madanuri Sri Rama Chandra Murthy vs Syed Jalal

Bench: 2 — Mohan M. Shantanagoudar

In Brief

A property owner challenged a suit seeking to cancel his sale deed on the ground that the property was Wakf (religious trust) property. The Wakf Tribunal rejected the suit, but the High Court set it aside. The Supreme Court held that since the property was never notified as Wakf in the official Gazette, the Tribunal had no jurisdiction. The Court ruled that once a Wakf list is published in the Gazette, disputes must be raised within one year. Filing a suit 50 years later lacked a cause of action and was barred by law. The Court allowed the appeal and restored the Tribunal's order rejecting the plaint.

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