FAKIR MOHAMED ABDUL RAZAK Vs. CHARITY COMMISSIONER BOMBAY

JUDGEMENT

(1.) It is rather unfortunate that the above First Appeal arising from Civil Suit NO. 39 of 1953, cannot be disposed of, in the facts and circumstances of the case, so as to put an end to the litigation which was actually started in 1946 relating to the management of the Public Trust Known as "Haji Malang Bawa Darga" situated on a hill Talua Kalyan of Thane District.

(2.) This litigation started between the respondent Gopal Krishnaji Ketar on the one side and Mohammed Jaffar Mohomed HUssein and another on the other said in the course of which Ketkar claimed the sole right to manage the Dargah. It is the Dargah of a 13th Century legendary and renowned Arab Pir or saint. It is worshipped along with another tomb of a HIndu princess whom the said Pir is said to have treated as his daughter.

(3.) The litigation ended its first course with the judgment of the Supreme Court in Gopal Krishnaji Ketar v. Mahomed Jaffer.