SYED MOINUDDIN Vs. TAMIL NADU WAKF BOARD MADRAS

JUDGEMENT

(1.) The dispute in these two writ appeals relates to the Durga known as Saint Hazarath Syed Moosa Sha Khaderi Durga located at Mount Road, Madras. By a common order, dated 28-2-1992, Bakthavatsalam, J. disposed of two writ petitions, viz., W. P. Nos. 5315 of 1991 and 6401 of 1987. Writ Petition No. 5315 of 1991 was for the issue of a writ of certiorari to quash the order of the wakf board, dated 10-1-1991, appointing the third respondent therein by name Syed Moinuddin as Mutawalli of the said Durga. Writ Petition No. 6401 of 1987 is in respect of that portion of the order of the wakf board, dated 8-3-1987 holding that the decree of the High Court in C. S. No. 116 of 1909 is not a scheme decree and that therefore, the wakf board has jurisdiction to appoint and remove the mutawalli. In effect, the prayers in both the writ petitions related to the effect of the decree in C. S. No. 116 of 1909 and whether the wakf board was deprived of its powers to remove the mutawalli and appoint a fresh mutawalli. The writ Appeals are directed against the said common Judgment in the two writ petitions.

(2.) For the purpose of convenience, we will refer to the parties by their names to avoid confusion, Saint Hazarath Syed Moosa Sha Khaderi is said to have been buried in Survey No. 7/1. One Syed Aminuddin is said to be the founder of the Durga and he has acting as the mujawar. After the death of Syed Aminuddin, his two sons Syed Ismain and Syed Gulam Dastagir were managing the Durga and were performing the 'fathibes' of the Saint jointly. Syed Ismail is said to have died in or about 1902 and after his death his brother, Syed Gulam Dastagir is said to have been in management of the Durga. Syed Gulam Dastagir died in or about 1905. Thereafter, disputes arose between the widow and children of Syed Ismail and the widow and children of Syed Gulam Destagir with reference to the management of the Durga and the sharing of the emoluments. The children of Syed Ismail and their mother filed a suit in C. S. No. 116 of 1909 against the children of Syed Gulam Dastagir and their mother in this Court. The prayer in the said suit related to :

(3.) Thereafter the two families were sub-divided into several branches and the female members also claimed a right to manage and appropriate the income in accordance with their respective shares and as on date a long genealogical tree is filed to indicate the innumerable number of the sharers who claimed to have share in the emoluments and consequentially for the alleged management of the Durga. It is said that there are as many as 34 turn trustees holding office for periods between five days and twenty six and half days. It is needless to point out that the reference to management of the Durga is only a farce to make a claim for the collections from the Durga.