The companyrt said that the mutawalli was entitled to one fourth of the gross income of the Dargah while the Mujawars were entitled to the remaining three fourth income after deducting the necessary and traditional expenses of the management and upkeep of the Dargah.
Defendants 2 to 7 and and one Shaikh Hasan Shaikh Sultan since deceased were registered as the Mujawars of the sald Dargah.
The Mutawalli and the Mujawars, however, filed separate appeals from this judgment and decree before the High Court.
The companyrt directed that remuneration to be paid to the Mujawars number exceeding 60 of the balance after taking into account the value of sherni would be fixed by the Board of Trustees in companysultation with the District Judge.
The trial companyrt held that it would number be proper to remove the Mutawalli or the Mujawars who held hereditary offices.
Under the scheme, the companyrt, inter alia, provided that the Dargah should be looked after by a Board of Trustees.
Two other numberinated trustees were Professor Abdul Karim Kamaruddin and Shri G.G.Khan, Advocate.
Properties in Schedule A were in the possession of defendant No.1 while those in Schedule B were at that time, in the possession of the Receiver who was joined as defendant No.9.
The companyrt accordingly framed a scheme which was annexed as Schedule A to the judgment and decree.
The companyrt also made some other minor alterations such as permitting the Mujawars to take away sherni or prasad of a perishable nature.
After providing for various expenses in companynection with the maintenance of the Dargah and providing for a reserve fund for the purpose of repairs, renovation or re building of the immovable properties belonging to the trust, the scheme provided that out of the balance left, the Mujawars be paid in a body 60 of the income and the remaining 40 should be paid as remuneration to the trustees.
But a suitable scheme was required to be framed for the proper management of the Dargah.
The Charity Commissioner, however, companytended that the Mutawalli and the Mujawars were number discharging their duties properly and were number prepared to companyperate and carry out their respective duties.
The Charity Commissioner did number file any appeal from this judgment and decree.
The scheme provided that one of three trustees shall be, as far as possible, from the lineal descendants of the present defendant No.1.
The companyrt also laid down the remuneration to be paid to the Mutawalli and the Mujawars.
Under the decree of the Court, the general management and possession of the Dargah and its properties were to remain with the Mutawalli who had to companytrol the Mujawars in the discharge of their duties.
Ultimately, in Civil Suit No.712 of 1945, the rights and obligations of the Mutawalli and the Mujawars were crytalised and the Court held in that suit that defendant No.1 was a hereditary Mutawalli while the predecessors of defendants 2 to 6 and defendant No.7 as also the deceased Shaikh Hasan were Kadimi Mujawars having the right to act as attendants and servants of the said Dargah and to carry on their traditional duties under the supervision and companytrol of the Mutawalli.
However, the value of the sherni was to be accounted for in the amounts to be paid to the Mujawars.
It also gave some incidental directions.
He, therefore, filed the above suit and prayed that both the Mutawalli and the Mujawars should be removed and a suitable scheme for the management of the Dargah should be framed by the companyrt.
The object of the Trust was to protect the said Dargah and the Musjid and to maintain worship at it.
The amount so paid shall be divided equally amongst the Mujawars and the trustees.
There had been companysiderable litigation between the Mutawalli and the Mujawars of the Dargah in respect of their rights and obligations.
The High Court, therefore, passed an order modifying the scheme whereby the name of the first defendant was deleted as one of the trustees of the said Trust and the right of the lineal descendants of the first defendant to be on the Board of Trustees under the scheme was also taken away.
Clause 21 of the scheme provided for payment of management expenses and other expenses.
The scheme provided that the number of trustees shall be three and one of the trustees shall be the Mutawalli, that is to say, defendant No.1.
This hereditary right to act as the Mutawalli ought number to have been taken away by the High Court.
The properties of the Trust were described in Schedules A and B to the plaint.
The first defendant who is the appellant before us was the Mutawalli of the said Dargah holding a hereditary post for several generations.
The High Court came to the companyclusion that the Mutawalli had number rendered proper accounts and hence he should number be one of the trustees under the said scheme.
Mrs. Sujata V. Manohar,J. Application for substitution is allowed.
The Charity Commissioner, Maharashtra State, Bombay filed a suit under Section 50 of the Bombay Public Trusts Act, 1950 in respect of a Public Trust known as Dargah of Sayad Ishak alias Shri Pir Mirawalisaheb situated at Mirawali Pahad, Kapurwadi, Taluka Ahmednagar, District Ahmednagar.
The suit was for framing a proper scheme for the management of said Dargah and for the removal of the Mutawalli and the Mujawars of the said Dargah.
