LAWS(SC)-2026-1-84

HABIB ALLADIN Vs. MOHAMMED AHMED

Decided On January 28, 2026
Habib Alladin Appellant
V/S
Mohammed Ahmed Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The neat question arising in the above appeal as to the reach and sweep of the jurisdiction of the Tribunal constituted under the Wakf Act, 1995; for short, 'Act of 1995', though short, has been rendered complex by divergent opinions expressed by coordinate benches of this Court.

(3.) On facts, for the present suffice it to notice that the 1st appellant herein was the owner of a land which was developed by constructing an apartment complex through a builder on the strength of a development agreement. The respondent herein contended that on the ground floor of the building, meant for residential purpose, an area was enclosed as a Mosque with the active participation of the owner, constructed by the builder. The respondent claimed that himself and other members of the public have been offering prayers in the premises, more fully described in the schedule to the plaint, which is now being obstructed by the petitioners. The cause of action according to the respondent arose when the ingress to the Mosque, established in the year 2008, was obstructed in the year 2021. The plaintiff sought for a perpetual injunction restraining the defendants from causing any interference or hindrance to the plaintiff and other Musallies from entering into the premises and offering prayers.