ADVOCATEMMMOHAN: Wakf Property — Permanent Lease of 1887 — Validity — Authority of Muslim Community — Gazette Notification — Additional Evidence — Order XLI Rule 27 CPC — Remand Wakf Act, 1954 & 1995 — Sections 4, 5, 6 — Code of Civil Procedure, 1908 — Section 96 — Order XLI Rule 27 — Public Documents — Gazette Notification — Ryotwari Patta — Estate Abolition Act — Adverse Possession

Friday, January 23, 2026

Wakf Property — Permanent Lease of 1887 — Validity — Authority of Muslim Community — Gazette Notification — Additional Evidence — Order XLI Rule 27 CPC — Remand Wakf Act, 1954 & 1995 — Sections 4, 5, 6 — Code of Civil Procedure, 1908 — Section 96 — Order XLI Rule 27 — Public Documents — Gazette Notification — Ryotwari Patta — Estate Abolition Act — Adverse Possession — Limitation

advocatemmmohan

Wakf Property — Permanent Lease of 1887 — Validity — Authority of Muslim Community — Gazette Notification — Additional Evidence — Order XLI Rule 27 CPC — Remand

Wakf Act, 1954 & 1995 — Sections 4, 5, 6 — Code of Civil Procedure, 1908 — Section 96 — Order XLI Rule 27 — Public Documents — Gazette Notification — Ryotwari Patta — Estate Abolition Act — Adverse Possession — Limitation

A. Wakf Property — Proof of Wakf — Gazette Notification

Where the plaintiff–Wakf Board pleaded that the suit land was Wakf property identified during statutory Wakf survey and notified by Government Gazette dated 30.11.1961, but such Gazette Notification was not produced before the trial Court, the Gazette Notification constitutes a crucial public document for deciding the character of the property and determination of title.

The Gazette Notification, being prior to institution of the suit and forming the statutory basis for identification of Wakf property, has direct bearing on the adjudication of title and therefore qualifies for reception as additional evidence under Order XLI Rule 27 CPC.

(Paras 18–25)

B. Order XLI Rule 27 CPC — Additional Evidence — Scope

Additional evidence may be permitted in appeal not as a matter of right, but:

when the appellate court requires such evidence to pronounce judgment, or
when there exists any other substantial cause, including removal of obscurity or lacuna affecting effective adjudication.

The appellate court is empowered to receive additional evidence even where it is otherwise able to pronounce judgment, if the interest of justice requires that material issues be clarified.

(Paras 19–24)

C. Public Documents — Gazette Notifications — Ryotwari Patta Proceedings

Gazette Notifications issued by Government and proceedings of Settlement Officers, Commissioners of Survey, Settlement and Land Records, writ orders, and decrees of civil courts constitute public documents.

Where such documents relate to a period much prior to institution of the suit and go to the root of title and possession, refusal to receive them would defeat effective adjudication.

(Paras 18, 26–28)

D. Wakf Property — Lease by Persons Other Than Mutavalli

Plaintiff Wakf Board alleged that permanent lease deeds dated 06.07.1887 executed by members of Muslim community were void ab initio, as:

only a Mutavalli is competent to lease Wakf property; and
Wakf property cannot be permanently alienated.

The validity of such leases cannot be conclusively determined without examining:

statutory Wakf notification, and
nature of property as Wakf at the relevant time.

(Paras 6–9, 29)

E. Ryotwari Patta — Effect — Binding Nature

Defendants relied upon:

ryotwari patta issued by Settlement Officer under Estate Abolition Act,
dismissal of revisions by higher revenue authorities, and
writ proceedings confirming such patta.

Where competing claims are based on Wakf law on one side and Estate Abolition proceedings on the other, both sets of documents must be examined together, and no final conclusion can be drawn in absence of complete documentary foundation.

(Paras 15–17, 26–30)

F. Adverse Possession — Against Wakf Property

Plea of adverse possession was raised by defendants based on long possession and alienations.

However, determination of adverse possession necessarily depends upon:

proof of lawful origin of possession,
nature of property (Wakf or otherwise), and
statutory protection afforded to Wakf properties.

Such issues cannot be finally adjudicated without additional documentary evidence now sought to be produced.

(Paras 9, 29–31)

G. Remand — When Appropriate

Where:

both parties seek reception of additional evidence;
documents are public documents;
documents relate to period prior to suit;
evidence goes to root of title; and
adjudication without such evidence would be incomplete,

the proper course is to set aside the decree and remand the suits, permitting parties to prove existence, authenticity, genuineness and contents of documents in accordance with law.

(Paras 30–32)

RATIO DECIDENDI

Gazette Notification issued under Wakf law identifying property as Wakf is a foundational document for adjudicating title and must be produced and examined.
Order XLI Rule 27 CPC permits additional evidence in appeal when such evidence is essential for complete and satisfactory adjudication of the dispute.
Public documents predating the institution of the suit and directly affecting title cannot be excluded merely on the ground of delay.
Where rival claims arise under Wakf law and Estate Abolition law, both statutory regimes must be examined on evidence before rendering findings.
In absence of complete documentary foundation, confirmation of decree is impermissible and remand becomes necessary.

ADVOCATEMMMOHAN