# Wakf Board Archives

TITLE: Puraiyur Muslim Munnetra Sabai Vs. Tamil Nadu Wakf Board.

Decided On: August 25, 2023.

C.R.P.(MD). Nos. 2139 to 2141 of 2010

CORAM: Hon’ble Mr. Justice R. Vijay Kumar.

Facts:

The Defendants have taken lease of the vacant site and they are enjoying the same as lessee by putting up superstructure over the same and they have no manner of title over the property except the lease hold right. A notice was issued to the tenants under Section 106 of Transfer of Property Act terminating the tenancy of the defendants w.e.f. 31^st of October 2002 and claiming arrears of rent. The defendants have sent a reply denying title of the plaintiff Pallivasal and claiming title upon them. The plaintiff pallivasal had filed the present suit for declaration of title, recovery of possession and for payment of damages.

Legal Analysis and Decision:

The defendants contended that they are in possession of the property on their own for more than 60 years and they have acquired title by adverse possession. The Plaintiff failed to establish the possession in Tribunal and the defendants produced the House tax receipts and plaintiff produced the patta documents in order to prove the possession of the land. Both the arguments were heared and the Judges gave the verdict.

The Limitation Act shall not apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property. Therefore, even assuming that the defendants are in possession of the property from 1952 onwards, they cannot acquire titile by adverse possession, in view of Section 107 of Wakf Act.

The findings of the Tribunal that the plaintiff pallivasal had not established the lie and location of the suit properties within 1.25 acres of Survey No.52 is not sustainable. the plaintiff pallivasal had established their title over the properties and hence, they are entitled to recover possession of the same from the defendants. The judgements and decrees of the trial Court in all the three suits are hereby set aside and are decreed as prayed for. All the Revision Petitions are allowed. The defendants are granted six months time to vacate and hand over vacant possession.

Conclusion:

The Court set aside the trial courts judgements and interpreted the law and said mere possession of land for 60 years and producing the House tax receipts would not lead to acquire the title. Since the Pallivasal established valid Documents the gained the Declaration of Title.

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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.

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Case Title:

C.Amjad Ahmed …Petitioner .

Vs.

The Tamil Nadu Wakf Board and Ors. …Respondent.

Date of Decision:

ORDERS RESERVED ON : 13.06.2023

ORDERS PRONOUNCED ON : 16.06.2023

Coram:

THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH

Citation:

W.P.Nos.25077 of 2015 and 23671 of 2018 and WMP Nos.27617 of 2018 and 569 of 2019 W.P.No.25077 of 2015.

Introduction:

Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order made in Na.Ka. No.4367/11/ A7/VE, dated 17.07.2018 passed by the 1st respondent, quash the same and consequently direct the 1st respondent to grant approval to the Resolution dated 25.06.2018 for the election of the Muthavalli of the petitioner mosques and madarsa for the period between 18.07.2018 and 17.07.2021 by considering the representation dated 30.07.2018

Facts:

The petitioner, C.Amjad Ahmed, was a member of the Managing Committee of five mosques in Vellore district. The tenure of the Managing Committee had expired in 2014, but the Wakf Board had not yet conducted elections to a new committee. The petitioner sought a writ of mandamus directing the Wakf Board to conduct elections by secret ballot.

Issues:

Whether the Wakf Board was required to conduct elections to the managing committees of waqfs on a regular basis.
Whether the petitioner had locus standi to file the writ petition.

Judgment:

The High Court held that the Wakf Board was required to conduct elections to the managing committees of waqfs on a regular basis. The Court also held that the petitioner had locus standi to file the writ petition, as he was a member of the Managing Committee. The High Court directed the Wakf Board to conduct elections by secret ballot to the five mosques within two weeks of the date of the order. The Court also directed the Wakf Board to take appropriate action on the results of the elections.

Legal Analysis:

The Wakf Board is required to conduct elections to the managing committees of waqfs on a regular basis. The managing committees of waqfs must be democratically elected. The waqfs must be managed in a transparent and accountable manner. The case of C.Amjad Ahmed v The Tamil Nadu Wakf Board is a landmark decision that has helped to ensure that waqfs in India are managed in a fair and transparent manner.

Conclusion:

The case of C.Amjad Ahmed v The Tamil Nadu Wakf Board is an important case for the management of waqfs in India. The Court’s decision in this case establishes that the Wakf Board is required to conduct elections to the managing committees of waqfs on a regular basis. This ensures that the managing committees are democratically elected and that the waqfs are managed in a transparent and accountable manner.

JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR

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