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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

The appellant purchased land with a valid sale deed, claiming it was private property. The respondent filed a suit before the Andhra Pradesh State Wakf Tribunal claiming the land was wakf (religious endowment) property. The Tribunal rejected the suit on the ground that the property was not notified in the Official Gazette as wakf property; hence the Tribunal had no jurisdiction. The High Court reversed this decision. The Supreme Court held that since the property was never notified as wakf property in the Gazette under Section 5 of the Waqf Act, the Tribunal had no jurisdiction. Any dispute about omission from the Gazette notification must be raised within one year under Section 6. Since the suit was filed 50 years later, it was barred by law and the plaint disclosed no cause of action. The Court allowed the appeal and restored the Tribunal's order of rejection."}

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Wakf Law Civil Procedure Jurisdiction Property Rights Administrative Notification

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