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Supreme Court of India 2023-10-20 allowed

MUMTAZ YARUD DOWLA WAKF vs M/S BADAM BALAKRISHNA

Bench: 2 — M. M. Sundresh, Prashant Kumar Mishra

In Brief

An appellant, owner of a Wakf property, executed a 33-year lease deed. After lease expiry, the lessee refused to vacate and claimed oral extension. The appellant sued the Wakf Tribunal in 1999 and obtained an eviction decree in 2002; the High Court upheld it on revision. During execution proceedings in 2014, the lessee first raised lack of tribunal jurisdiction based on an earlier Supreme Court judgment. The Court held that the Wakf Act's 2013 amendment clarified tribunal jurisdiction over eviction disputes, operates retrospectively, and the lessee could not belatedly challenge jurisdiction after litigating for over a decade without objection, thereby circumventing the executed decree through dilatory tactics.

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Wakf Law Jurisdiction Landlord and Tenant Ejectment Eviction Civil Procedure Procedural Law Retrospective Application Estoppel

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