SHAIKH OMAR SHAIKHLAL Vs. MOHAMMADJI MADARJI

JUDGEMENT

(1.) THE lands in dispute were granted as Inam on the condition of service which was specified as Taziadari, that is, for taking out Tazias during the period of Mohurram. After the coming into force of the Hyderabad Abolition of Inams and Cash Grants Act. as amended in 1959, the question arose whether this Inam was abolished by this Act. The Deputy Collector held that the Inam was not abolished. That order was confirmed in appeal by Government. It is being challenged before us in this application.

(2.) SUB -section (2) of Section 1 of the Act states that it shall be applicable to all inams except (i) inams held by or for the benefit of charitable and religious institutions and (ii) inams held for rendering village service useful to the Government or to the village community including sethsendhi, neeradi and balutha inams. Sub -section (2A) provides that on the coming into force of the Hyderabad Abolition of Inams (Amendment) Act, 1959 (July 1, 1960) the Act shall apply also to cash grants and inams of the nature of community service inams and watans. The expression 'community service inam' is defined in Sub -section (1) of Section 2 to mean an inam held for performing service useful to the village community and includes an inam held for such service even where such service has ceased to be demanded.

(3.) THE Deputy Collector has referred to a casual observation in the judgment of Imam J. in Ram Charan Law v. Fatima Begum I.L.R (1915) Cal. 933 which is as follows:.but it is the keeping up of the Mohurrum as an institution with all its moral effect on the general Mahomedan public. The word 'institution' here is obviously used in the sense of a custom or practice. It would be wrong to draw from this sentence an inference that a grant for performing religious service is a grant to a religious institution. The question, which the Calcutta High Court had to decide, was also quite different and that was whether a waqf was created where with the object of dedicating a house to the service of the Imams, Hassan and Hussain and for other religious purposes, the settlor had conveyed the house to his grand -children on trust for the proper observance of the objects mentioned in the deed.