Indore High Court Rejects Family's Ownership Claim Over Houses And Shops Listed As Waqf Property Near Masjid Dhooldhoye

Indore's High Court has dismissed a claim by Syed Hafiz Ali and five others who sought to prove ownership of two houses and two shops near Masjid Dhooldhoye, arguing these properties were ancestral and listed as Waqf property. Justice Vinay Saraf upheld the Madhya Pradesh State Waqf Tribunal's decision to dismiss the claim, deeming it barred by the statute of limitations.

The properties in question, bearing survey numbers 7156 and 7157, total 0.042 hectares. The plaintiffs argued the 1997 amendment to the Waqf register, which added the houses and shops, lacked a proper survey or opportunity for objections. However, the court noted that the mosque committee had been managing the properties since at least 1929, and that the 1997 amendment merely clarified the property's description.

The plaintiffs also failed to provide valid documentation of ownership, while the defendants presented historical records and tax exemption receipts. The court concluded that the cause of action had arisen in 1929 and that the 2010 challenge was filed too late. Consequently, the High Court affirmed the Tribunal Chairman's October 2018 ruling, dismissing the case without granting any costs.