MOHAMMEDIA COOP. BUILDING SOCIETY LTD. versus LAKSHMI S. COOP. BUILDING SOCIETY LTD & ORS.

Citation: [2008] 7 S.C.R. 762 · Decided: 06-05-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2008] 7 S.C.R 762 
)-
A 
MOHAMMEDIA COOP. BUILDING SOCIETY LTD. 
v. 
LAKSHMI S. COOP. BUILDING SOCIETY LTD & ORS. 
(Civil Appeal No. 3329 of 2008) 
B 
MAY 6, 2008 
(S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.) 
Wakf Act, 1954: 
ss.3(f). 36(2)and36-Aandr 12ofAP WakfRules. 1974 
c - Mutawallis/Mujawars - Functions and duties of - Alienation 
of wakf property- Mujawars entering into an agreement of sale 
of Wakf property - Later in a public auction property sold to 
the highest bidder- Suit by earlier vendee society for specific 
performance of contract - Decreed by trial court - Decree 
D affirmed by High Court-HELD: Mutawal/is have no ownership 
right or estate in Wakf property unless deed of wakf says so -
Agreement of sale by Mujawars without prior sanction of Wc:xf 
Board which is imperative, is void - Procedure laid down in 
r 12 regarding publication of proposed sale in offic. ...,; gazette 
E and receiving objections was not complied v-ith - When a 
procedure is laid down for performance of a statutory function, 
same must be done in the manner laid down therein - There 
is a serious doubt regarding agreement of sale with plaintiff 
and the order of sanction -
Therefore, suit for specific 
F performance of contract could not have been decreed - Issue 
'f-. 
required serious consideration at hands of courts below -
Impugned judgments set aside - Administration of justice -
Equity - Andhra Pradesh Wakf Rules, 197 4- r 12. 
Specific Relief Act, 1963.· 
G 
ss. 17 and 20 - Contract to self immovable property -
HELD: "Mujawars of Wakf property having no authority to self 
t • 
property, agreement of sale couid net have been directed to 
>-
be specifically performed - Besides, court ordinarily would not 
H 
762 
"" 
MOHAMMEDIA COOP. BUILDING SOC. LTD. v. L.S. 
763 
COOP. BUILDING SOC. LTD. & ORS. 
grant any relief in favour of person who does not approach the A 
Court with clean hands - Equity 
Administrative Law: 
Statutory body - Wakf Board - Jurisdiction of State 
Government to supervise and oversee functions of Board -
B 
Government remaining not vigilant in its role in supervising 
transaction of Wakf property - State Government advised to 
hold an inquiry into transactions effected by .Wakf Board.,.. 
Andhra Pradesh Wakf Rules, 1974. 
The suit property was a wakf property and c 
respondent nos. 2 to 9 were appointed by the Andhra 
Pradesh Wakf Board as 'Mujawars' thereof. On 25.2.1982, 
a notification was issued inviting objections to proposed 
sale of the suit property. Several Co-operative Societies 
made their offers and the offer made by respondent no. 1, 
D 
Co-operative Society was accepted by letter dated 
30.6.1982. On 2.8.1982 respondent nos. 2 to 9 allegedly 
entered into an agreement of sale with respondent no. 1 
to transfer the suit land at a price of Rs.70,000/- per acre. 
On 19.8.1982 the Wakf Board in a meeting was stated to 
E 
have resolved that the offer was too low. Thereafter 
respondent no. 1 raised the offer to Rs.1,26,000/- per acre, 
The appellant was stated to have offered the highest bid 
-
of Rs.1,28,000/- per acre. Government Order No. 773 dated 
4.5.1983 was issued according permission to the Wakf F 
Board to sell the suit land to the appellant as per its bid. A 
Notification pursuant thereto was purported to have been 
issued on 26.5.1983. A deed of sale was executed by 
respondent nos. 2 to 9 as also the Wakf Board in favour 
of the appellant Society. 
G 
Respondent no. 1 filed Original Suit No. 200 of 1983 
~ ~ 
for permanent injunction contending that pursuant to the 
---:I" .... _ ... 
agreement of sale dated 2.8.1982 it had been put in 
possession. The case of respondent no. 1 was that later 
it was dispossessed. Therefore, respondent no. 1 filed 
H 
764 
SUPREME COURT REPORTS 
(2008] 7 S.C.R. 
A another suit bearing O.S. No. 449 of 1984 claiming specific 
performance of the contract. During the pendency of the 
suit another G.O. dated 8.3.1985 was Issued and pursuant 
thereto layout was approved and plots were allotted. The 
trial court by its judgment dated 19.10.2005, decreed Suit 
B No. 449 of 1984. Suit No. 200 of 1983 was dismissed as 
not maintainable. Three appeals against the decree of the 
trial court in Suit no. 449 of 1984 were filed - one by the 
appellant Society, the second by Dargah concerned and 
the third by the Wakf Board. The appeals having been 
c dismissed, the three appellants in the High Court filed the 
instant appeals. 
It was contended, inter alia, for

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