Court restores Wakf Tribunal ruling; holds religious service grants create inalienable trust property under Muslim law
The Supreme Court has held that land granted as “service inam” for religious purposes attached to a mosque constitutes wakf property.
The Court ruled that parties cannot alienate or transfer such land through sale deeds.
A Bench of Justice M.M. Sundresh and Justice Augustine George Masih passed the ruling in A.P. State Wakf Board v. Janaki Busappa, 2026 LiveLaw (SC) 423.
Senior Advocate Shoeb Alam appeared for the Andhra Pradesh State Wakf Board. Senior Advocate Guru Krishnakumar represented the respondents.
The dispute concerned a 3-acre parcel of land in Kurnool district.
The respondents claimed ownership over the land through sale deeds executed in 1985 and 1996. They sought declaration of title and injunction.
However, the Andhra Pradesh State Wakf Board opposed the claim. It argued that the land had historical dedication for religious services to a mosque.
The Board also submitted that official records treated the land as wakf property.
The Wakf Tribunal dismissed the suit.
It held that the plaintiffs failed to prove valid title over the property.
Later, the Andhra Pradesh High Court reversed the Tribunal’s findings.
Therefore, the Wakf Board approached the Supreme Court in appeal.
The central issue was whether the land formed part of a “service inam” grant for religious purposes.
If the grant had a religious purpose, the land would carry the character of wakf property.
On the other hand, the respondents claimed that the land formed part of a private inam. They argued that the owners could validly transfer the property through sale deeds.
The Supreme Court held that service inam lands granted for religious or charitable purposes take the character of endowed property.
The Court said such lands carry a public or religious trust.
As a result, such grants do not give absolute ownership to individuals. They also restrict the power to sell or transfer the property.
The Bench relied on Sayyed Ali v. A.P. Wakf Board, (1998) 2 SCC 642.
It reiterated that land dedicated for pious, religious or charitable purposes under Muslim law assumes the character of wakf property.
The Court also examined the documents relied upon by the respondents.
Significantly, the respondents themselves relied on a 1945 partition deed. That document described the land as “service inam.”
According to the Court, this description weakened their claim of private ownership.
The Court also reiterated a settled principle in title disputes.
A plaintiff who seeks declaration of title must succeed on the strength of their own case.
The plaintiff cannot rely on weaknesses in the defendant’s claim.
In this case, the respondents failed to establish lawful title or possession over the land.
The Supreme Court allowed the appeal filed by the Wakf Board.
It set aside the judgment of the Andhra Pradesh High Court.
It also restored the decision of the Wakf Tribunal.
The Court held that the land is wakf property attached to a mosque.
It further held that the respondents could not claim declaration of title or injunction.
The ruling reinforces that service inam lands dedicated to religious purposes remain inalienable.
It also clarifies that courts must treat such land as wakf property when records and documents show religious dedication.
