Mohamed Isak Saheb And Ors. vs Najaruddin Shamansaheb Mulla And Ors. on 19 June, 1961
Tyabji, J., in Sattappa Furusattappa Hukeri v. Majomedsaheb Appalal Kazi, AIR 1936 Bom 227, while clearly stating this principle of Muslim Law, no doubt adds that in India these offices have tended to be hereditary in the sense that members of the same family held the same office generation after generation. But, such practice cannot, in our opinion, be elevated to the status of a regular rule of Muslim law in derogation of the principle stated above. On the contrary, such successive holding of office by members of the same family must, in the eye of the Muslim Law, be referred either to an appointment by the ruler or king or to a voluntary choice by the Jamat of a Mosque or the Muslim community of a village locality. Seeing that the grants in this case were by Muslim rulers of Bijapur it is impossible to presume that they would have acted in contravention of the Muslim Law and created a hereditary office of a Mulla. On the other hand, such indications as are available in the Takeeds summarised in Ex. 58 suggest individual appointments to the office of Mulla accompanied no doubt by the confirmation of the lands already granted to the appointee and his descendants male and female.