Courts Supreme Court
Supreme Court sets aside orders, orders fresh inquiry into Waqf property dispute
The case concerns a dispute over the execution of a property decree where a Waqf Trust objected to the delivery of possession, claiming the property as Waqf property.
The Supreme Court reviewed whether the lower courts correctly rejected the Trust's objection and whether a proper inquiry into the identity and title of the property was conducted.
Who it concerns: Appellant: Alladin Charities and Zakat Wakf; Respondents: Mohammed Saleem (alias Mohd. Wajid Ali) and another; Bench: Justice S.V.N. Bhatti.
What the court decided
- Set aside the impugned judgments of the Executing Court and the High Court.
- Referred the matter to the Executing Court for disposal afresh in accordance with law.
- Directed the Executing Court to conduct a full-fledged inquiry into the right, title, or interest in the property as per Order XXI Rule 97 and Rule 101 of the CPC.
Also in the document
- The Court noted that the lower courts incorrectly placed the burden of proof on the Third Party Objector (Appellant) regarding the identity of the property.
- The Court held that the dismissal of the claim petition on the ground that it was filed under the wrong rule (Order XXI Rule 58 instead of Rule 97) was illegal and that the Executing Court must decide the objections by conducting a detailed inquiry.
- The judgment is marked as Non-Reportable.
How this was written
An AI model running on our own computer read the government document and wrote this summary. No person has checked it.
✓ Figures checked. Every number in this summary was found in the document by an automated check.
That check compares numbers only. It cannot confirm that the wording says what the document says — so the original document is always the authority.
The original document
Supreme Court of India — orders & judgments
Court order · 15 Oct 2026
Read it here
Discussion
No one has discussed this document yet.