virtue of any custom or who is a naib-mutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties
other capacity or his right, if any, as a sajjadanashin. (3) No action shall be taken by the Board under sub-section (1), unless
Sajjadanashin Sayed Md.B.E.Edr.(D)By ... vs Musa Dadabhai Ummer & Others on 23 February, 2000
Equivalent citations: AIR 2000 SUPREME COURT ... Lahoti , M.J.Rao
CASE NO.:
Appeal (civil) 5390 of 1985
PETITIONER:
SAJJADANASHIN SAYED MD.B.E.EDR.(D)BY LRS
Vs.
RESPONDENT:
MUSA DADABHAI
privileges of the
Khadims and the functions and powers of the Sajjadanashin
and s. 13(1) which authorised the committee to make
provisional interim arrangement ... case the office of
Sajjadanashin fell vacant, infringed
384
their fundamental rights under Art. 25(1) , that S. 14 by
creating a statutory right
status of a Dargah. One Gulam Rasul Sahib
was the first Sajjadanashin and Mutawalli of the Dargah. He was son of
his sister ... have executed a Will and nominated
Aminuddin, his eldest son, as Sajjadanashin and Faqruddin, another son,
as Mutawalli. Allegedly, there existed a custom that
cause) situate in the aforesaid village and for maintenance of the Sajjadanashin of the shrine generation after generation and the plaintiff as Sajjadanashin ... settled the ancestors of the mujawars in the said village and the sajjadanashin for the time being, in return for their services in connection with
plaintiff, named, Rahimuddin, who at that time held the office of sajjadanashin or curator of the shrine, made a division of all the family properties ... allegation that after his brother's death he was appointed sajjadanashin of the durgah, to which the property is dedicated.
2. The contending defendant
management and for the removal of the defendant from his office of sajjadanashin and manager and, finally, for a declaration that a substantial part ... rights (or claims) of the Great Divine Shah Gholam Maula sajjadanashin (successor) of the deceased saint the grant as per detail is confirmed
have filed this suit against the first defendant who claims to be Sajjadanashin of the suit Dharga, as he calls it, for the reliefs ... removal of the first defendant whom the plaintiffs contend is not Sajjadanashin at all but only a trustee or Mutawalli of the suit mosque
Ghazi Khan in the Punjab, and as to the rights of the sajjadanashin (or superior) of such an institution. The nature and origin of khankahs ... rauzah (or shrine). The khankah is usually under the governance of a sajjadanashin (the one seated on the prayer mat) who not only acts