The Supreme Court has held that land classified as “service inam” cannot be privately owned or transferred. The Court allowed the appeal filed by the A.P. State Wakf Board, overturning the Andhra Pradesh High Court’s decision.
Background of the Case
The dispute revolved around a 3-acre land parcel in Kallur Village, Kurnool district. The plaintiffs, Janaki Busappa and others, claimed ownership based on sale deeds from 1985 and 1996, tracing their title to a 1945 partition deed.
They challenged a 1999 decision of the Wakf Board that allotted the same land to a religious group for constructing an Eidgah, calling the action illegal and without authority.
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The Wakf Board, however, argued that the land was not private property but “service inam” land attached to a mosque, making it part of Wakf property and legally inalienable.
The Wakf Tribunal initially dismissed the plaintiffs’ suit in 2009, holding that they failed to prove valid ownership or lawful possession. It concluded that the land was indeed Wakf property.
However, the High Court reversed this decision in 2011, stating that the Wakf Board had not sufficiently proven its claim. It accepted the plaintiffs’ title documents and ruled in their favour.
The Supreme Court carefully examined the 1945 partition deed, which formed the foundation of the plaintiffs’ claim. It noted that the document itself described the land as “service inam” granted for religious purposes.
“The Court noted that the partition deed itself described the land as ‘service inam’ meant for religious purposes.”
The Court emphasized that such land carries the character of a religious endowment and cannot be privately owned or sold. It further relied on admissions made by the plaintiffs’ witness, who acknowledged that the land was historically linked to mosque services.
Rejecting the High Court’s reasoning, the bench noted that the burden of proof lies on the party claiming ownership.
“A plaintiff must succeed on the strength of his own case, not on the weakness of the defence,” the Court reiterated.
The Court also took into account government records, survey reports, and a Gazette notification indicating the land’s Wakf status.
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The Supreme Court held that the disputed land is Wakf property and that the plaintiffs failed to establish valid title or lawful possession.
It set aside the High Court’s 2011 judgment and restored the Wakf Tribunal’s 2009 decision dismissing the suit. The appeal filed by the A.P. State Wakf Board was allowed, with no order as to costs.
Case Details
Case Title: A.P. State Wakf Board vs Janaki Busappa & Others
Case Number: Civil Appeal No. 1946 of 2013
Judge: Justice Augustine George Masih and Justice M.M. Sundresh
Decision Date: April 24, 2026
