Service Inam Land for Religious Use Is Wakf Property, Cannot Be Alienated: Supreme Court

News Citation : 2026 LN (SC) 413

April 24, 2026 : The Supreme Court, in A.P. State Wakf Board v. Janaki Busappa, has reaffirmed that lands granted as service inam for religious or charitable purposes acquire the character of Wakf property and cannot be treated as private property capable of partition or alienation.

A Bench of Justice M.M. Sundresh and Justice Augustine George Masih allowed the appeal filed by the A.P. State Wakf Board, setting aside the Andhra Pradesh High Court’s judgment that had granted declaration and injunction in favour of private parties.

The dispute concerned land measuring Ac. 3.00 in Survey No. 914/B at Kallur Village, Kurnool District. The plaintiffs claimed ownership based on registered sale deeds and traced their title to a 1945 partition deed, asserting that the land was “personal inam.” The Wakf Board, however, contended that the property was “service inam” attached to Budda Buddi Mosque and formed part of Wakf property, rendering all subsequent transactions void.

The Wakf Tribunal had dismissed the suit, holding that the plaintiffs failed to establish valid title. The High Court reversed this finding in revision, prompting the present appeal before the Supreme Court.

Examining the partition deed dated 01.06.1945, the Court noted that the land was explicitly described as “service inam” granted for rendering services to a mosque. It held that once such a recital emerges from the very document relied upon by the plaintiffs, their claim of “personal inam” becomes untenable.

Reiterating its earlier ruling in Sayyed Ali v. A.P. Wakf Board, the Court observed that grants made for religious or charitable purposes do not vest absolute ownership in individuals. Instead, such grants constitute a dedication recognised under Muslim law, thereby clothing the property with the character of Wakf.

The Court further held that service inam lands attached to religious institutions are impressed with a public or religious trust, restricting their alienability. Consequently, the suit property could not have been validly partitioned or transferred, and the sale deeds relied upon by the plaintiffs conferred no title.

On evidence, the Court placed significant reliance on admissions made by the plaintiffs’ witness (PW-1), who acknowledged that the land had been assigned for rendering services to the mosque and that no document existed to establish it as personal inam. These admissions, read alongside the partition deed, were treated as substantive evidence. The High Court’s decision to discard them on the ground of lack of personal knowledge was held to be unsustainable.

The Court also took note of supporting material, including the Survey Commissioner’s report and Gazette notification indicating the property’s Wakf status. While certain deficiencies, such as non-production of the original title deed, were noted, the Court held that these did not outweigh the cumulative evidentiary record pointing to the Wakf character of the land.

On the issue of burden of proof, the Court reiterated that a plaintiff seeking declaration of title must succeed on the strength of their own case. It criticised the High Court for shifting the burden onto the Wakf Board despite the plaintiffs’ failure to establish valid title, reaffirming the principle under Section 101 of the Evidence Act.

Addressing possession, the Court clarified that mere physical possession, even if established, does not entitle a party to declaration or injunction in the absence of lawful title. The presence of structures associated with an Edgah further supported the Wakf Board’s claim of religious use of the land.

Concluding that the property was service inam land attached to a mosque and therefore Wakf property, the Court restored the Tribunal’s judgment dismissing the suit and set aside the High Court’s decision.

Case Reference : Civil Appeal No. 1946 of 2013 – A.P. State Wakf Board v. Janaki Busappa