https://www.taxtmi.com/caselaws?id=310657 Wakf property could not be validly alienated without compliance with the Wakf Act and the prescribed rules, because prior sanction and the mandatory transfer procedure were required. The Mujavars were not shown to have independent authority to bind the property, and the purported sanction was ineffective where publication and objection procedures were not followed and its authorship was denied. A decree for specific performance was therefore unsustainable because a contract cannot be enforced when the vendor lacks lawful authority or cannot convey a title free from reasonable doubt, and the relief remains discretionary where the transaction appears suspicious. The SC set aside the decree and annulled the specific performance relief. en-us Tue, 06 May 2008 00:00:00 +0530 Sat, 04 Nov 2023 13:36:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310657 Wakf property could not be validly alienated without compliance with the Wakf Act and the prescribed rules, because prior sanction and the mandatory transfer procedure were required. The Mujavars were not shown to have independent authority to bind the property, and the purported sanction was ineffective where publication and objection procedures were not followed and its authorship was denied. A decree for specific performance was therefore unsustainable because a contract cannot be enforced when the vendor lacks lawful authority or cannot convey a title free from reasonable doubt, and the relief remains discretionary where the transaction appears suspicious. The SC set aside the decree and annulled the specific performance relief. Case-Laws Indian Laws Tue, 06 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310657