THE A.P. STATE WAKF BOARD HYDERABAD versus ALL INDIA SHIA CONFERENCE (BRANCH) A.P. AND ORS.

Citation: [2000] 2 S.C.R. 78 · Decided: 02-03-2000 · Supreme Court of India · Bench: M. JAGANNADHA RAO, Y.K. SABHARWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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THE A.P. STATE WAKF BOARD HYDERABAD 
v. 
ALL INDIA SHIA CONFERENCE (BRANCH) A.P. AND ORS. 
MARCH 2, 2000 
[M. JAGANNADHA RAO AND Y.K. SABHARW AL, JJ.] 
Muslim Law: 
Wakf-Shia or Sunni-Determination of-A/ams, Panjas, Ashthanas, 
Ashrukhanas and Imambadas are generally Shia Wakfs-In, exceptional cases 
such institutions can be Sunni Wakfs-But court cannot declare these institu-
tions as a Shia Wakf-It has to be decided on evidence in relation to each of the 
institutions-Thus, the decision of the trial court and High Court declaring 
such institutions as Shia Wakf is set aside-Fw1her as the matter is 37 years old 
instead of dismissing the suit or remanding it to the trial cow1, matter to be 
remanded to the High Court-High Court directed to call for additional evi-
-dence from courts other than whose decision was impugned before High 
Court-Code of Civil Procedure, Order 41, Rule 27( 1 )(b ), 28 and 25. 
Respondents filed a suit for a declaration that all the institutions 
going by the names of 'Alams Panjas, Asthanas, Ashrukhanas and 
Imambadas' were Shia wakfs and not Sunni wakfs. The trial court decreed 
the suit and granted the declaration. High Court affirmed the decision. 
Hence this appeal. 
Allowing the appeal, the Court 
HELD : 1.1. The court cannot straightaway declare that every insti-
tution known as 'Panjas, Asthanas, Imambadas, Ashrukhanas or Alam' is 
a Shia Wakf and it cannot be a Sunni wakf. Generally, institutions like 
'Panjas, Asthanas, Imambadas, Ashrukhanas or Alam' are Shia wakfs, 
but it is not an absolute rule. There are certain exceptional cases where 
such institutions are.also established by Sunni Sect and can be Sunni 
wakfs. A vague and general declaration that these institution would have a 
prima f acie status as Shia wakfs, though some of them could also be Sunni 
wakfs in exceptional cases, cannot be given. Thus, in such a matter it will 
be necessary to lead evidence in relation to each one of the institutions. 
[83-G-H; 84-A-B] 
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A.P. STATE W AKF BOARD v. ALL INDIA SHIA CONFERENCE 
79 
Mohammedan Law by Amir Ali; Principles of Mohammedan Law by 
Mulla; Muslim Law of India by Dr. Tahir Mahmood; Outlines of Mohammedan 
Law by A.A. Fyzee; The People of Mosque by L Bevan Jones; The Law 
Lexicon by P.R. Ramanatha Aiyar; Muharram in Hyderabad City published by 
Director of Census Operations, Andhra Pradesh, referred to. 
2.1. Whenever Court finds difficulty in deciding an issue, it could 
direct additional evidence to be adduced, treating the need for evidence as 
'a requirement of the Court' for pronouncing a satisfactory judgment. It 
would be "other.substantial cause" under order 41Rule27(i)(b) of Code of 
Civil Procedure. (85-C] 
K Venkaramaiah v. Seetha Rama Reddy & Ors., AIR (1963) SC 1526, 
relied on. 
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2.2. As this instant case is 37 years old, instead of dismissing the suit 
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or remanding the case to the trial court, the matter is remitted back to the 
High Court for a fresh decision. On the question whether eacb of the 
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respondent institutions was Shia wakf or Sunni wakf after receiving addi-
tional evidence from the courts other than whose decisions were impugned 
before the High Court under the provisions of Or<Jer 41, Rule 28 of the 
code. (87-A-C] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1805 of 1989. 
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From the Judgment and Order dated 15.3.88 of the Andhra Pradesh 
High Court in C.C.C.A No. 41 of 1980. 
AK. Sen, F.S. Nariman, P.A. Choudhary, M.S. Ganesh, Syed Ali 
Ahmad, Mohan Pandey, AD.N. Rao, A Subba Rao, T.V.S.N. Chari, Ms. A 
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Subhashini, B. Sridhar, K. Ram Kumar, Syed Tanweer Ahmad, M.M. Ali, Y.S. 
Rao and AT. Rao for the appearing parties. 
The Judgment of the Court was delivered by 
Delay condoned. 
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Application for substitution is allowed. 
This appeal is preferred by the Andhra Pradesh Wakf Board against the 
judgment of the High Court of Andhra Pradesh in CCC Appeal No. 41 of 
1980, dated 15.3.1988. By that judgment, a Division Bench of the High Court 
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SUPREME COURT REPORTS 
(2000] 2 S.C.R. 
of And.bra Pradesh confirmed the declaration granted by the Third Additional 
Judge, City Civil Court, Secunderabad, in O.S. No. 96 of 1963, on 31st 
August, 1979. The suit O.S. No. 96 of 1963, in which the declaration was 
granted by the said Civil Court was decreed in favour of the three plaintiffs, 
the first plaintiff being the All India Shia Conference (Branch) And.b
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