Legal Analysis: A.P. State Wakf Board vs. Janaki Busappa & Ors

Citation: 2026 INSC 413
Court: Supreme Court of India
Bench: Justice M.M. Sundresh and Justice Augustine George Masih (Division Bench)
Judgment Author: Justice Augustine George Masih
Date of Decision: April 24, 2026
Nature of Judgment: Civil Appeal under Article 136 of the Constitution of India against High Court order in revision under Section 83(9) of the Wakf Act, 1995.

Synopsis of the Judgment

The respondents (plaintiffs) filed a suit seeking declaration of title and permanent injunction over land admeasuring 3 acres in Survey No. 914/B, claiming ownership through a partition deed of 1945 and subsequent sale deeds. The Wakf Board contended that the land was “service inam” land attached to Budda Buddi Mosque, thus constituting Wakf property. The Wakf Tribunal dismissed the suit, holding that the plaintiffs failed to prove title and that the land was service inam. The High Court reversed, holding that the Wakf Board failed to prove the land as Wakf property. The Supreme Court restored the Tribunal’s order, holding that the plaintiffs’ own partition deed described the land as “service inam,” and admissions by the plaintiffs’ witness confirmed this. The Court held that service inam lands granted for religious purposes are Wakf property and cannot be alienated. The High Court had erroneously shifted the burden of proof and re‑appreciated evidence beyond its revisional jurisdiction.

1. Basic Information of the Judgment

Field Details Case Title A.P. State Wakf Board Through Chairperson vs. Janaki Busappa & Ors.Civil Appeal No.1946 of 2013 Bench Justice M.M. Sundresh and Justice Augustine George Masih Judgment Author Justice Augustine George Masih Date of Decision April 24, 2026 Citation 2026 INSC 413 Appeal From Judgment dated 18.01.2011 of Andhra Pradesh High Court in Civil Revision Petition No. 3786 of 2009

2. Legal Framework

Laws Involved:

• Wakf Act, 1995: Section 83(9) (revision to High Court against Tribunal’s order), Section 5(2) (publication of list of Wakfs), Section 6 (disputes regarding Wakf property), Section 89 (notice requirement – not applicable here).

• Indian Evidence Act, 1872: Sections 101-103 (burden of proof), Section 17 (admission), Section 31 (admissions not conclusive but may be proved).

• Transfer of Property Act, 1882: Principles relating to transferability of Wakf property.

• Code of Civil Procedure, 1908 (CPC): Order XLI Rule 27 (additional evidence).

Precedents Cited:

• Sayyed Ali v. A.P. Wakf Board (1998) 2 SCC 642 – Service inam lands granted for religious purposes are Wakf property; grantee does no

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