Service Inam Granted For Religious Purposes Is Wakf Property; Cannot Be Treated As Personal Land For Private Alienation: Supreme Court

"Lands granted as service inam for religious or charitable purposes partake the character of endowed property and are impressed with a public or religious trust, thereby restricting their alienability," Supreme Court, in a significant ruling dated April 24, 2026, held that land described as "service inam" in foundational documents for religious or charitable purposes constitutes Wakf property and cannot be treated as personal inam for private alienation.

A bench of Justice M.M. Sundresh and Justice Augustine George Masih observed that once the religious character of the grant is established, the property is impressed with a trust that restricts the holder's right to transfer or partition it as private property.

The case originated from a suit filed by the respondents seeking a declaration of title and a permanent injunction regarding three acres of land in Kurnool District, claiming it was "personal inam" purchased through registered sale deeds. The A.P. State Wakf Board contested this, asserting the land was "service inam" attached to the Budda Buddi Mosque and thus inalienable Wakf property. While the Wakf Tribunal dismissed the plaintiffs' suit, the Andhra Pradesh High Court reversed this decision in revision, prompting the Wakf Board’s appeal to the Supreme Court.

The primary question before the court was whether the suit property constituted "service inam" and consequently Wakf property, or whether it was "personal inam" capable of private alienation. The court was also called upon to determine whether a plaintiff seeking a declaration of title can succeed based on the perceived weaknesses of the defendant’s evidence rather than the strength of their own case.

Service Inam Recitals In Foundational Documents Are Binding

The Supreme Court noted that the very document the respondents relied upon to trace their title—a partition deed from 1945—explicitly described the land as "service inam" for rendering services to a mosque. The bench observed that once such a recital is present in the foundational document of the claimant, the plea that the property constitutes "personal inam" stands clearly belied.

The court emphasized that the High Court committed a manifest error by treating the partition deed as a source of independent title while ignoring the specific recitals regarding the service-oriented nature of the grant. The bench noted that such documents must be read in their proper perspective to understand the nature of the land holding.

Service Inam For Religious Purposes Becomes Wakf Property

"A grant of land for rendering religious or charitable services does not vest absolute title in the individual... such grants clothe the property with the character of Wakf."

Relying on the precedent in Sayyed Ali v. A.P. Wakf Board, the Court reiterated that grants made for pious, religious, or charitable purposes under Muslim law qualify as Wakf. The bench held that since the 1945 deed established the land as service inam attached to a mosque, the predecessors of the respondents had no transferable or heritable title to convey to subsequent purchasers.

Plaintiff Must Prove Their Own Title, Not Rely On Defence Weakness

"A plaintiff seeking declaration of title must succeed on the strength of his own case and not on the weakness of the defence."

The bench found that the High Court had erroneously shifted the burden of proof onto the Wakf Board. Citing Section 101 of the Indian Evidence Act and the ruling in P. Kishore Kumar v. Vittal K. Patkar, the Court held that the respondents were legally obligated to establish a clear and lawful title, which they failed to do as their own documents contradicted their private ownership claim.

Admissions Of A Party Constitute Substantive Evidence

The Court highlighted the testimony of the lead plaintiff (PW-1), who admitted that the property was assigned to his ancestors for mosque services and that no documents existed to prove it was personal land. The bench observed that admissions made by a party, especially when consistent with documentary evidence like the 1945 partition deed, cannot be lightly disregarded.

The High Court's decision to brush aside these admissions on the grounds that the witness lacked contemporaneous personal knowledge was deemed unsustainable. The Supreme Court noted that such admissions go to the root of the matter and serve as substantive evidence that corroborates the religious character of the property.

High Court Erred In Re-appreciating Evidence In Revision

"The High Court, while exercising its revisional jurisdiction, has re-appreciated the entire evidence and substituted its own finding disregarding material aspects."

The bench criticized the High Court for exceeding the scope of its revisional jurisdiction under Section 83(9) of the Wakf Act, 1995. It held that the Tribunal’s original findings were based on a comprehensive appreciation of evidence, and the High Court should not have substituted those findings by according undue significance to perceived deficiencies in the Wakf Board's production of ancient title deeds.

Mere Physical Possession Without Title Does Not Justify Injunction

Regarding the respondents' claim of possession based on standing crops, the Court clarified that mere physical possession, in the absence of lawful title, does not entitle a party to a declaration of ownership or a permanent injunction. The bench also noted a District Judge's report indicating the presence of minarets and compound walls, which supported the property's use as an Edgah rather than private farmland.

The Supreme Court concluded that the suit property is service inam land attached to a religious institution and possesses the character of Wakf property. Consequently, the sale deeds executed in favor of the respondents were void as the vendors had no valid title to transfer. The Court allowed the appeal, set aside the High Court's judgment, and restored the Wakf Tribunal's decree dismissing the suit.

Date of Decision: 24 April 2026