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Sabir Ali Khan vs. Syed Mohd. Ahmad Ali Khan & Ors. (SC)

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Wakf Act, 1995–Indian Trust Act, 1882–Sec. 82–Adverse possession–Applicability of the fiduciary capacity on the person who is a beneficiary of Wakf–A fiduciary can be taken to be a person who becomes charged with the duty to protect the interest of another–Fiduciary relationship is founded upon the reposing of confidence by one to another–The beneficiary of a Wakf is endowed with rights in terms of the wakf deed–Beneficiary is not like a trustee who assumes the possession in his character as a trustee.