Jammu and Kashmir High Court Declares Kishtwar Shrines as Waqf Property
In a landmark judgment concluding a legal battle spanning nearly five decades, the Jammu and Kashmir High Court has firmly established that two revered shrines and their associated properties in Kishtwar district are waqf properties. The court decisively rejected claims by petitioners who asserted hereditary ownership rights over these religious sites.
Court Rejects Ownership Claims Based on Historical Records
A single bench of Justice Sanjay Dhar delivered the judgment last week, emphasizing that property titles must be determined based on concrete evidence rather than public history or historical documents. The court explicitly stated that questions of property ownership cannot be resolved through references to history books or public records alone. Justice Dhar observed, "It is clear that it is only in matters of public history that the court can rely upon appropriate books or documents of reference. Whether a person is or is not holding a title to a particular property cannot be a question of fact of public history."
Long Legal History of the Case
The case, which the court described as having a "long-chequered history," originated in 1979 when petitioners approached the High Court claiming to be 'Sajjada Nasheens' or hereditary caretakers of the shrines of Ziarat Farid-ud-Din Sahib and Ziarat Assrar-ud-Din Sahib. They asserted exclusive ownership over these shrines and attached properties. This legal action followed the Doda deputy commissioner's 1978 declaration that the shrines were waqf properties.
The judicial journey included:
- A 1998 single bench dismissal of the petitioners' plea
- A 2003 division bench upholding of that dismissal
- A 2013 Supreme Court decision setting aside the division bench ruling and remanding the matter back to the High Court for fresh consideration
Historical Context of the Shrines
Justice Dhar's judgment extensively reviewed the history of Kishtwar and the two shrines. Kishtwar existed as an independent state before its annexation by Maharaja Gulab Singh in 1821. Around 1681, its ruler Raja Kirat Singh converted to Islam. The shrines honor Shah Farid-ud-Din Sahib, who arrived in Kishtwar during the 17th century, and his son Shah Assrar-ud-Din Sahib, both revered saints whose mausoleums continue to attract numerous devotees.
Petitioners' Claims and Court's Findings
The petitioners based their hereditary rights claim on historical accounts suggesting that Raja Kirat Singh granted 20 kanals of land to his granddaughter, who married one of their ancestors. They argued the properties were private, not waqf, since no formal dedication had been made by Raja Kirat Singh.
However, the court found their evidence insufficient. Justice Dhar noted that the petitioners failed to provide convincing material to rebut the presumption attached to entries in the revenue records (jamabandi). The court stated, "The petitioners have not placed on record any cogent and convincing material that would rebut the presumption attached to the entries in the 'jamabandi.' Therefore, it cannot be stated that the petitioners or their ancestors were the owners of the ziarat and the land attached thereto."
The court also dismissed the petitioners' reliance on:
- History books, stating facts mentioned therein "cannot be used to prove the title of the petitioners"
- A 1969 waqf official's report recognizing hereditary roles, noting the official lacked authority to decide property titles
Final Ruling and Accommodation
While upholding the shrines' classification as waqf properties, the High Court demonstrated practical consideration by allowing the petitioners to continue occupying residential premises on the land as lessees under applicable waqf rules. This balanced approach acknowledges their historical connection while affirming the properties' religious and charitable status.
