Seyyadu vs Seyyed Mohammed Mohammed Thaha – CA NO. 467/98 F -2013

The case between M. Seyyadu and others (Trustees of Nidhaul Islam Jumma Masjid) and Seyyed Mohammed Mohammed Thaha and others addressed the issue of entitlement to a specific land parcel under Section 24 of the Service Tenures Ordinance No.4 of 1870. It was held that the Plaintiff-Appellants, as trustees of the mosque, were not entitled to claim title to the land because they failed to establish actual, continuous possession through themselves or their agents, as required by Section 24. The principle reaffirmed was that entitlement after lapse of service obligations is conditional upon the claimant’s possession of the land. The decision relied on the interpretation of Section 24 and relevant case law, clarifying that mere lapse of service obligation, without possession, does not confer tit