The court upholds the status of the 82-bigha graveyard in Civil Lines as registered Waqf property protected for the Muslim community’s use
NEW DELHI – In a significant ruling protecting Muslim religious endowments, the Tis Hazari Court in Delhi has recently dismissed a claim to ownership over the historic Sher Jang graveyard in the Civil Lines area, near the Lieutenant Governor’s residence in the national capital.
The court rejected the petition filed by Nawab, the son of the late Kallu Mistri, who had sought to establish personal ownership over the approximately 82-bigha site. The graveyard, more than 100 years old, is listed as Waqf property in official gazette records and forms part of 123 registered Waqf assets under the management of the Anjuman Vakil Kaum Panja Bayan.
Court records show that Kallu Mistri was originally appointed as a watchman (chaukidar) by the Anjuman to look after the graveyard. After his death, his widow, Fatima, and son, Nawab, continued to reside on the premises but later began asserting private ownership rights. This led the Anjuman to file a suit against them.
In 2018, the court had ordered Fatima and Nawab to vacate the land, ruling that their right to stay ended with Kallu Mistri’s tenure as watchman. They appealed the decision, arguing long-term residence created entitlement.
After hearing arguments from both sides, the Tis Hazari Court upheld the earlier order and dismissed Nawab’s claim. The judge observed that the claimant failed to produce any documents supporting private ownership.
Advocate Wajih Shafiq, representing the Anjuman, told the court about the graveyard’s history: “The Anjuman’s members donated their properties to establish this graveyard, and a watchman was appointed only for its supervision. Later, the same watchman’s family wrongly claimed ownership, despite its clear registration in the Waqf gazette.”
Following the verdict, Advocate Wajih Shafiq said: “The court has ruled that the opposing side could not present any document in support of their claim, which is why the decision went in our favour. The full copy of the order is yet to be obtained, after which more details will emerge.”
This case highlights ongoing efforts to safeguard Waqf properties, including graveyards, madrasas, and Eidgahs, from unauthorised claims amid rising disputes over Muslim religious sites in various parts of the country.
The ruling reinforces the protected status of the Sher Jang graveyard as a dedicated burial ground for the Muslim community, preventing its conversion into private property. Community leaders view the decision as a victory for justice and the preservation of centuries-old Waqf endowments meant for public religious welfare.
The Anjuman continues to manage the site, ensuring it remains available for its intended purpose. No further appeals or actions have been reported immediately after the judgment.
