Syed Akbar (Died) v. Mr.v.Thilagar Madasamy
Case brief
What is this about?
The High Court of Madras allowed an appeal, setting aside a decree for specific performance and damages. The court held that the sale of leasehold rights in Waqf property became prohibited by the Waqf Property Lease Rules, 2014, after the agreement date but during the suit's pendency. Consequently, the appellate court ordered a refund of the advance.
What did the court decide?
Decree for specific performance and damages set aside. Decree for refund of advance of Rs. 1,00,000/- with interest granted.
What the court decided
AS No.477 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
A.S.No.477 of 2018 and CMP Nos.13088 of 2018 and 15249 of 2022
Syed Akbar (Died)
- Rehana Begum
- Syed Altah Hussain
- Salma Begum
- Sameena
- Muneera Begum
- Thabassum
Issues for consideration
3 issues framed by the court
Whether the court could grant a decree for specific performance for transfer of leasehold right in Waqf land after the statutory prohibition came into force in 2014.
Whether the trial court was justified in granting a decree for damages.
Whether the plaintiff would be entitled to refund of the advance payment.
Parties & counsel
- appellant
Syed Akbar (Died) and others
- respondent
V. Thilagar Madasamy
Coram
R.SUBRAMANIAN
Case details
As recorded by the court registry
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