Wakf Property Dispute: Supreme Court Upholds Eviction of Tenant in Hyderabad

The case of Telangana State Wakf Board & Anr. vs. Mohamed Muzafar involved a long-standing dispute over the possession of a Wakf property in Hyderabad. The Supreme Court was called upon to determine whether the Andhra Pradesh State Wakf Tribunal had jurisdiction over eviction matters and whether the tenant, Mohamed Muzafar, was unlawfully occupying Wakf property. The Court ultimately ruled in favor of the Wakf Board, upholding the eviction order and restoring the tribunal’s judgment.

Case Background

The appellants, Telangana State Wakf Board and the Mutawalli of Graveyard Mir Rahmat Ali Shah, claimed ownership of a property registered under Wakf records. The property, situated near Tek Masjid, Nampally, Hyderabad, was recorded as Wakf land in Muntakhab No. 998 dated 24.02.1953, with an extent of 666 square yards. This was later amended to 998.66 square yards by a resolution dated 21.04.1988 and published in a gazette notification on 29.12.1988.

The respondent, Mohamed Muzafar, inherited a tenancy from his father, M.A. Qayyum, who had rented 90.16 square yards from the Wakf institution. Initially, the tenant operated a firewood stall, which was later converted into a hotel named “Hotel Najran.” The rent was paid to the Wakf Board when the property was under direct management, but after the appointment of the new Mutawalli, rent was supposed to be paid to him directly.

According to the appellants, the respondent not only defaulted on rent payments but also encroached on an additional 40 square yards of the graveyard, constructing a road and extending his business. A legal notice was issued on 23.05.2006, terminating the tenancy and demanding the removal of encroachments. However, the respondent denied the Wakf Board’s ownership and refused to vacate.

The Wakf Board filed a suit (O.S. No.126/2006) before the Andhra Pradesh State Wakf Tribunal, seeking eviction and recovery of arrears.

Arguments by the Petitioners (Wakf Board & Mutawalli)

The suit property was duly recorded in Wakf records, with gazette notifications confirming its status.
“The respondent was initially a tenant but encroached upon an additional 40 square yards, illegally extending his business premises,” argued the Wakf Board.
The tenant defaulted on rent payments for several months, despite repeated reminders.
The tribunal had the jurisdiction to hear eviction matters concerning Wakf properties.

Arguments by the Respondent (Mohamed Muzafar)

The respondent denied that the property was Wakf land and contested the authenticity of the gazette notifications.
“The property was wrongly recorded as Wakf land, and the gazette notification mentioning 998.66 square yards is disputed,” argued the respondent.
There was no direct evidence proving that the respondent had encroached on additional land.
The tribunal lacked jurisdiction, as eviction matters should be heard by civil courts, as per the Supreme Court’s decision in Ramesh Gobindram vs. Sugra Humayun Mirza Wakf.

Wakf Tribunal’s Findings

The tribunal ruled in favor of the Wakf Board, holding:

The property was duly recorded as Wakf land, and the gazette notification of 29.12.1988 confirming the total area of 998.66 square yards was valid.
The respondent was a tenant but had unlawfully encroached upon an additional 40 square yards.
The respondent was liable to pay arrears and vacate both the rented and encroached portions.
Accordingly, the suit was decreed in favor of the Wakf Board, and an eviction order was passed.

High Court’s Reversal

The respondent challenged the tribunal’s decision before the Andhra Pradesh High Court in Civil Revision Petition No.1331/2013. The High Court reversed the tribunal’s order, ruling:

Eviction matters fall outside the jurisdiction of Wakf Tribunals and must be heard by civil courts.
The authenticity of the gazette notification was questionable, and the tribunal had wrongly assumed jurisdiction.
The eviction order was set aside, allowing the respondent to remain in possession.

Supreme Court’s Analysis

The Supreme Court reviewed three key issues:

1. Did the Wakf Tribunal have jurisdiction over the eviction matter?

The Court ruled that the tribunal had jurisdiction, as the primary dispute was over whether the property was Wakf land.
“When the core issue is whether a property belongs to a Wakf institution, the tribunal has exclusive jurisdiction,” the Court clarified.

2. Was the eviction order justified?

The Court upheld the tribunal’s findings, ruling that the respondent was a tenant and had unlawfully encroached upon Wakf land.
“The respondent’s denial of Wakf ownership was baseless, as gazette notifications confirmed the status of the property,” the judgment stated.

3. Did the High Court err in reversing the tribunal’s decision?

The Court ruled that the High Court had misinterpreted Ramesh Gobindram, as that case involved an admitted Wakf property where only eviction was in dispute.
“In cases where Wakf status is contested, the tribunal has the authority to decide,” the judgment emphasized.

Supreme Court’s Judgment

The Supreme Court ruled:

“The judgment of the Andhra Pradesh High Court dated 02.06.2014 is set aside.”
“The eviction order passed by the Wakf Tribunal in O.S. No.126/2006 is restored.”
“The respondent is granted three months to vacate the premises, failing which eviction proceedings will be initiated.”

Conclusion

This judgment reaffirms the jurisdiction of Wakf Tribunals in determining property disputes involving Wakf land. The ruling ensures that unauthorized occupants cannot evade eviction by disputing the Wakf status of properties. By restoring the tribunal’s decision, the Supreme Court has strengthened legal protection for Wakf institutions against encroachments.

Petitioner Name: Telangana State Wakf Board & Anr..
Respondent Name: Mohamed Muzafar.
Judgment By: Justice Hemant Gupta, Justice A.S. Bopanna.
Place Of Incident: Hyderabad, Telangana.
Judgment Date: 03-08-2021.

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