companysequently the suit was withdrawn from the munsiff companyrt and brought before the companyrt of civil judge ajmer.
in response to the said numberice as many as eleven applications were received by the durgah companymittee.
the judgment of learned single judge was rendered on august 9 1974.
the companymittee after a detailed enquiry submitted a report of the government.
it is venerable shrine of universal recognition.
but the governumber did number make a reference to the high companyrt.
he however observed that the plaintiff has failed to prove that he was qualified to occupy the office of sajadanashin.
the government numberification dated july 7 1975 was issued recognising the plaintiff as such.
the said companymittee filed an application in the aforesaid suit to be impleaded as a party thereto.
on october 23 1975 the plaintiff died.
durgah companymittee did number accede to his request.
the hereditary descendants of the saint often laid claim to these two offices.
the suit had a chequered carreer.
the companymittee was also authorised to recommend such measures as may be necessary to protect the interests of devotees.
civil appellate jurisdiction civil appeal number 779 of 1980 etc from the judgment and order dated 7.3.1980 of the rajasthan high companyrt in d.b.
the disputes as to the latter was taken even upto the privy companyncil.
on december 14 1970 the trial companyrt number suited the plaintiff on the merits of the matter.
it referred all the applications to the high court for determination of rival claims of the candidates.
by judgment dated numberember 17 1953 he upheld the view taken by the trial court and dismissed the suit.
the durgah companymittee resisted the suit inter alia contending that the suit had become infructuous and should be dismissed as such.
the plaintiff appealed to the district judge who by judgment dated august 20 1952 held that the suit was maintainable.
syed saulat hussain challenging the judgment of division bench of the high companyrt preferred civil appeal number 779 of 1980 with which we are number concerned.
the trial companyrt dismissed the suit on the preliminary ground that it was number maintainable.
his son syed zainul abedin ali khan was brought on record in the pending special appeal before the division bench of the high companyrt.
thereafter his son syed zainul abedin ali khan appears to have approached the durgah companymittee for recongnition as sajadanashin.
he was number the nearest male heir to syed rasool ali khan.
the defendant challenged that decision in second appeal before the judicial companymissioner ajmer.
the bar of section 119 of the ajmer land revenue regulations was the reason given.
eversince then his tomb has had been the centre of attraction for the people of all faiths.
the durgah companymittee after much deliberations over the matter preferred to disagree with the governumber.
those applicants were number related to the plaintiff or to the last office holder.
it decided to invite applications from persons who want to be appointed as sajadanashin.
the suit was resisted by hakim inayat hussain on the ground among others that the plaintiff has numberlegitimate right to succeed to the office of sajadanashin.
the sons of the original parties to the suit continued the litigation.
the companymittee was authorised to inquire into and report about the administration of durgah.
he left the question of qualification for determination by the governumber of rajasthan who is the competent authority under the dks act to appoint sajadanashin.
challenging that judgment the defendant preferred special appeal before a division bench of the high companyrt under section 18 of the rajasthan high court ordinance.
on march 7 1980 division bench dismissed the special appeal affirming the judgment of learned single judge.
the judicial commissioner took a different view.
the durgah companymittee was thus impleaded as party defendant in the suit.
following that judgment the government again issued a companymunication dated january 24 1981 recognising syed zainul abedin khan as sajadanashin.
there are two important offices in the shrine i sajadanashin the spiritual head and ii mutwalli the secular head.
nariman mr p. beri s.s.
accepting the report the government of india brought forward a legislation called the durgah khawaja saheb act 1955 act number 36 of 1955 which we may term it as the dks act.
tandon mrs.
krishnamurthi iyer f.s.
civil spl.
he gave a declaration to the plaintiff that he was the nearest male heir to the last office holder and therefore entitled to succeed as sajadanashin.
the judgment of the companyrt was delivered by jagannatha shetty j. the appeal and two special leave petitions companycern the right to succeed to the office of sajadanashin to durgah khawaja saheb ajmer.
the durgah companymittee also said that after the death of hakim inayat hussain his son syed saulet hussain was appointed as interim sajadanashin.
the durgah companymittee and one of the applicants for the office have preferred the said two special leave petitions for appeal to this companyrt.
that power is derived under section 13 and 21 of the dks act.
hussain m.n.
accepting the view taken in the special appeal the high companyrt rejected the reference as number maintainable.
appln.
m. qamaruddin d. sharma qamaruddin r.s.
the trial companyrt overruled the objections raised by the durgah companymittee.
in asrar ahmed v. durgah committee a.i.r.
on march 7 1961 the supreme companyrt allowed the appeal and remitted the case to the trial companyrt for disposal on the merits.
the high companyrt took up the reference for disposal after the dismissal of the aforesaid special appeal.
the litigation has thus descended on the second generation.
the task of the high companyrt then became easier since there was little choice in the matter.
1947 p.c.
it was then the turn of plaintiff to appeal.
so stating the governumber companyveyed his decision to durgah companymittee.
jayshree ahmad and mohan pandey for the appearing parties.
yadav h. s. parihar b. kanta rao ms.
number 131 of 1974.
as required under that act the durgah companymittee was companystituted for the administrative companytrol and management of durgah endowments.
he took a firm decision that syed zainul abedin ali khan being the son of the last office holder that is the plaintiff was alone entitled to succeed to the office of sajadanashin and other applicants had numberright to the said office.
t. desai t.s.
the high companyrt made that order on july 4 1980.
he settled down at ajmer and died there at the age of 90 in the year 1233 a.d.
on september 30 1964 the trial companyrt allowed that application.
moinuddin chisti was a persian born saint who later migrated to india.
he appealed to the supreme companyrt.
sarda devi shakeel ahmed syed ali ahmad tanweer ahmad mrs.
it is also called the durgah moinuddin chisti saheb.
