U.P. SUNNI CENTRAL BOARD OF WAKFS versus MAZHAR HASAN AND ORS.

Citation: [2001] SUPP. 1 S.C.R. 379 · Decided: 09-08-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

U.P. SUNNI CENTRAL BOARD OF WAKFS 
A 
V. 
MAZHAR HASAN AND ORS. 
AUGUST 9, 2001 
[S. RAJENDRA BABU AND D.P. MOHAPATRA, JJ.] 
B 
U.P. Muslim Wakfs Act, 1960 : Sections 29(8)and 33. 
Wakfs-Coming into existence of-Certain properties constructed out of 
donations given by Musa/man public-Purpose of donation was charitable C 
and religious-Such properties registered as wakf-High Court set aside 
registration-Correctness of-Held: If property is purchased for charitable, 
pious or religious purposes out of donations given by general pubic such 
property does not lose the character of a 'wakf'-Therefore, such property 
acquires a permanent character-Hence, High Court not justified in setting D 
aside the registration. 
Words and Phrases: 
"Walf'-Meaning of-In the context of U.P. Muslim WakfS Act, 1960. 
The respondents made a reference under Sections 29(8) and 33 of the 
U.P. Muslim Wakfs Act, 1960 for cancellation of registration of the suit 
property as wakf. The reference was resisted by the appellant on the grounds 
that the land in question was purchased from the subscription given by 
Musa/man public and building was also constructed out of such donations given 
E 
by the general public; that the purposes of the collections of this fund or F 
donation made by Musa/mans in general was a charitable one, namely, the 
construction of Muslim Musafirkhana; that in order to relieve them from the 
shortage of accommodation and for religious purpose a Mosque was also 
constructed within the Musafirkhana; and that, therefore, the registration was 
in accordance with law. The Tribunal allowed the reference and set aside the G 
registration. High Court affirmed the view taken by the Tribunal. Hence this 
appeal. 
Allowing the appeal, the Court 
HELD: 1. If a property is set apart for a definite purpose, such property H 
379 
380 
SUPREME COURT REPORTS (2001] SUPP. 1 S.C.R. 
A would become 'dedicated' for a purpose. It cannot be said that it is only in 
cases when an individual divests himself of the properly and after declaration 
of trust it is binding on the settlor with the object for which the property 
thereafter is to be held. If out of the monies given by the general public a 
property is purchased for a public purpose, which is religious or charitable 
B in character, such property will not lose the character of a 'wakr as defined 
under the U.P. Muslim Wakfs Act, 1960. The object for which the property 
in question has been set apart or dedicated is charitable, pious or religious in 
nature and, therefore, the dedication was complete and it could not be divested 
for any other purpose. Therefore, when the property can be used only for 
religious or charitable purposes it acquires a permanent character. The High 
C Court is, therefore, not justified in holding that the cancellation of registration 
by the Tribunal is in order. (382-C, D, E] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11988 of 
1995. 
D 
From the Judgment and Order dated 11.4.94 of the Allahabad High 
E 
Court in C.R. No. 595 of 1978 
Shakil Ahmed Syed for the Appellant. 
Irshad Ahmad for the Respondents. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. On the registration of certain properties as 
wakf a reference was made by the respondents under Section 29(8) and 
Section 33 of the Uttar Pradesh Muslim Wakfs Act, 1960 [hereinafter referred 
F to as 'the Act'] for cancellation of registration. The property in question is 
stated to be a Muslim Musafirkhana situate in Kazipura, City Bahraich, 
consisting of 24 rooms, one court-yard, varendah, open land, passage, four 
shops, office room and some portion under construction indicated in the 
plaint and there exists within that accommodation a Mosque but that had not 
been included in the plaint. The case put forth by the respondents is that the 
G property in question was owned by a Society of which the respondents have 
been office bearers; that they have been in possession of the suit property; 
that they purchased the said land, on which the accommodation exists, on 
October 18, 1966 for a sum of Rs. 6, I 00 from two ladies and thereafter got 
the Musafirkhana constructed on that land; that the provisions of Sections 29 
H to 33 of the Act did not apply and so the registration of property in dispute 
U.P. SUNNI CENTRAL BOARD OF WAKFS 1•. MAZHAR HASAN [RAJENDRA BABU, J.J38 ! 
as wakf had been illegal, null and void. The reference was resisted by the A 
appellant on the grounds that the 

Excerpt shown. Read the full judgment & AI analysis in Lexace.