Supreme Court Reinstates Tribunal's Verdict; Confirms Wakf Character of Land in Kurnool, Apex Court Overrules High Court, Affirms Wakf Board's Rights over Service Inam Land
In a significant judgment, the Supreme Court of India has set aside the High Court of Andhra Pradesh's decision and reinstated the Andhra Pradesh Wakf Tribunal's verdict, confirming that the disputed land in Kurnool is indeed Wakf property. The case, titled "A.P. State Wakf Board v. Janaki Busappa," involved a three-acre parcel of land categorized as "service inam" for religious purposes, which was initially claimed by private respondents as personal property.
The Supreme Court bench, comprising Justices M.M. Sundresh and Augustine George Masih, delivered the verdict on April 24, 2026. The court emphasized that the land, designated for services to the Budda Buddi Mosque and Asthabal Masjid, is imbued with the characteristics of Wakf property, thus restricting its alienability.
The legal battle began when Janaki Busappa and others sought a declaration of title and permanent injunction against the Wakf Board's decision to allot the land to Jamat Ahle Hadees for an Edgah. The respondents based their claim on a partition deed from 1945, asserting ownership through subsequent sale deeds. However, the Supreme Court found that the partition deed itself described the land as "service inam," contradicting claims of personal ownership.
The court further criticized the High Court for shifting the burden of proof onto the defendants and failing to consider crucial documentary evidence, including admissions by the plaintiff's witnesses. The Apex Court reiterated the principle that plaintiffs must establish their title independently and cannot rely on perceived weaknesses in the defense.
The Wakf Board, represented by Senior Advocate Shoeb Alam, successfully argued that the land's Wakf status was substantiated by a historical Gazette Notification and the absence of any legal challenge to its Wakf character. The Supreme Court's decision restores the Wakf Tribunal's findings, recognizing the land as an inalienable religious endowment.
This ruling underscores the importance of adhering to statutory provisions governing religious properties and sets a precedent for handling similar disputes involving Wakf lands in India.
Bottom Line:
Land categorized as "service inam" granted for rendering religious services is vested with the character of Wakf property and cannot be alienated or transferred. Plaintiffs must establish title based on their own evidence, and the burden of proof cannot be shifted to the defendants.
Statutory provision(s): Wakf Act, 1995 Sections 5(2), 6, 83(9); Evidence Act, 1872 Section 101
A.P. State Wakf Board v. Janaki Busappa, (SC) : Law Finder Doc id # 2888368
