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Civil Property & InheritanceSupreme Court of India

A.P. State Wakf Board Tr. Chairperson v. Janaki Busappa

Civil Appeal · 2026 INSC 413Decided 24 Apr 2026
C.A. No.-001946-001946 - 2013
Justice M.M. Sundresh · Justice Augustine George Masih · Justice Sanjay Karol

Background

The respondents (plaintiffs) claimed to be the absolute owners of about 3 acres of land in Kurnool district, tracing their title to a 1945 partition deed and registered sale deeds from 1985 and 1996, and alleged the land originally formed part of a "personal inam" grant. The Andhra Pradesh State Wakf Board (the appellant) had, in 1999, allotted the same land to another party for construction of an Edgah (a place for religious/Islamic congregational prayer), which the respondents challenged as illegal. The Wakf Tribunal ruled in favour of the Wakf Board, finding the land to be Wakf property, but the Andhra Pradesh High Court, exercising revisional jurisdiction, reversed that finding and decreed the suit in favour of the respondents based on evidence of standing crops indicating their possession.

Decision Breakdown

The Supreme Court held that a 2007 District Judge's report showing compound walls, minarets, and other features of an Edgah on the land supported the Wakf Board's case that the property was used for religious purposes, whereas the High Court's inference of possession based merely on standing crops ignored the legal character of that possession and other admissible evidence. The Court found the land to be "service inam" land attached to a religious institution, carrying the character of Wakf property, and held the respondents had failed to establish valid title or lawful possession. It further held that the High Court, in its limited revisional jurisdiction, had improperly re-appreciated the entire evidence and substituted its own findings for the Tribunal's, disregarding key evidence like the 1945 partition deed recitals and a witness's admissions, and wrongly shifting the burden of proof onto the Wakf Board. The Court set aside the High Court's judgment and restored the Tribunal's original decree in favour of the Wakf Board, allowing the appeal with no order as to costs.

Lesson Learnt

A High Court exercising limited revisional jurisdiction should not re-weigh the entire evidence and substitute its own factual findings for those of a specialized tribunal (like a Wakf Tribunal); and physical features of land use, such as structures indicating religious use, can outweigh possession claims based merely on cultivation when determining whether property qualifies as Wakf land.

A.P. State Wakf Board Tr. Chairperson v. Janaki Busappa – Legal Case Shots | LegalAware