SYED SAULET HUSSAIN Vs. SYED ILMUDDIN

JUDGEMENT

(1.) The appeal and two Special Leave Petitions concern the right to succeed to the office of Sajadanashin to "Durgah Khawaja Saheb Ajmer". It is venerable Shrine of universal recognition. It is also called the Durgah Moinuddin Chisti Sahab. Moinuddin Chisti was a Persian born Saint who later migrated to India. He settled down at Ajmer and died there at the age of 90 in the year 1233 A.D. Ever since then, his tomb has been the centre of attraction for the people of all faith. For Muslims in particular, "it is admitted to be one of the most famous, if not the most famous, Mohammedan Shrine in India."

(2.) There are two important offices in the Shrine:(i) Sajadanashin - the spiritual head and (ii) Mutwalli - the secular head. The hereditary descendants of the Saint often laid claim to these two offices. The dispute as to the latter was taken even up to the Privy Council. In Asrar Ahmed v. Durgah Committee, AIR 1947 PC 1 the Privy Council said-that the office of Mutwalli was not hereditary. We are not concerned with the office of Mutwalli. We are concerned with two questions relating to the spiritual head of the Shrine. Who is entitled to succeed to the office of Sajadanashin And what is the right of Durgah Committee in the matter

(3.) The dispute relating to the office of Sajadanashin started in 1947, when the last office holder Syed Ali Rasool Khan, migrated to Pakistan. Consequently, the need to appoint a new Sajadanashin arose. On April 5, 1948, the Chief Commissioner of Ajmer appointed Hakim Inayat Hussain as Sajadanashin. That appointment was challenged by a person called Syed Illamuddin. He claimed that the succession to the office of Sajadanashin is governed by the rule of primogeniture. He was the rightful person entitled to hold the office. Hakim Inayat Hussain had no such right or title. With these and other allegations, Syed Illamuddin instituted Civil Suit No. 211/1948 for declaration of his right to succeed to the said office. The suit was instituted on May 18, 1948.