WAKF – Service Inam – Nature of property – Determination Land described as “service inam” granted for rendering services to mosque Such grant partakes character of religious endowment Property impressed with Wakf character – inalienable (Paras 24, 25, 36)

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WAKF – Service Inam – Nature of property – Determination

• Land described as “service inam” granted for rendering services to mosque
• Such grant partakes character of religious endowment
• Property impressed with Wakf character – inalienable
  (Paras 24, 25, 36)

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TITLE – Plaintiff must succeed on own case – Burden of proof

• Plaintiff seeking declaration and injunction must establish lawful title independently
• Cannot rely on weakness of defendant’s case
• Failure to prove title is fatal
  (Paras 32, 33, 34)

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EVIDENCE – Admissions – Evidentiary value

• Admissions of party (PW-1) regarding nature of property as service inam
• Admissions corroborated by documentary evidence (partition deed)
• Cannot be discarded on ground of lack of personal knowledge
  (Paras 26, 27)

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DOCUMENTS – Construction of title deed – Recitals

• Recitals in partition deed clearly describing property as service inam
• Such recitals binding and determinative of nature of property
• Plea contrary to document unsustainable
  (Paras 24, 28)

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WAKF – Gazette notification – Evidentiary value

• Survey report and Gazette Notification indicating Wakf character
• Non-production of original title deed not fatal when supported by other material
• Cumulative evidence sufficient to establish Wakf nature
  (Para 29)

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CIVIL PROCEDURE – Revisional jurisdiction – Scope

• High Court, in revision, cannot re-appreciate evidence and substitute findings
• Interference beyond jurisdiction when material evidence ignored and burden wrongly shifted
  (Paras 37, 38)

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BURDEN OF PROOF – Sections 101–103 Evidence Act

• Burden lies on party asserting title
• Until discharged, defendant not required to prove its case
• Court cannot decide on weakness of defence
  (Paras 14, 34)

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POSSESSION – Effect without title

• Mere physical possession without lawful title does not entitle plaintiff to declaration or injunction
• Possession must be lawful to claim relief
  (Para 35)

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PRECEDENTS – Applicability

• Findings in earlier suits relating to adjacent properties not binding
• Each case to be decided on its own pleadings and evidence
  (Para 30)

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FINAL DISPOSITION

• High Court judgment set aside
• Tribunal judgment restored
• Appeal allowed
  (Paras 38, 39)