AMIRUDDIN Vs. MUKHTAR JAFAR

JUDGEMENT

(1.) THE trial Court in a suit under section 8 of the Madhya Pradesh Public Trusts Act (the Act), instituted by the respondents, held that by Settlement Deed (Exh. 554) (the deed), a Public Trust has been created for Atba-e-Malak Jamat (the Jamat ). However, the respondents not being members of the Jamat, have no locus to institute the proceedings. The trial Court therefore, by order dated 30-9-1986, dismissed the suit. In first appeal, the learned Judge maintained the order as regards creation of the trust. However, by reversing the finding, he held that the respondents/plaintiffs were the members of the Jamat and, therefore, they had locus to file the suit. The appellate Court, therefore, by order dated 1-2-1992, decreed the suit claim to set aside negative entry dated 27-3-1967 and directed registration of Public Trust. Hence, this second appeal by the original defendants. The case has a chequered history. However, some of the undisputed facts relevant for appeal are thus:

(2.) THE parties are Daudi Bohras. Late Maulana Malak Saheb for some dispute over the contemplated religious event, disjuncted from the community. In 1892, he set up a sub-sect of his followers - the Jamat. Four prominent persons of the Jamat including late Badruddin Gulam Hussain Saheb, on 9-6-1894, executed the deed acknowledging thereunder the funds and properties referred to being of the Jamat and meant for religious cause. After death of Maulana Malak Saheb in 1899, there was a crisis over his spiritual successor. Plaintiffs claim that Abdul Kadir Saheb was nominated as Vakil and thus a successor, whereas defendants asserted that Badruddin Gulam Hussain was nominated as second Malak and Waris, by late Maulana Malak Saheb.

(3.) PLAINTIFFS maintain (plaint para 6) that for the benefit and use of the Jamat, the deed was executed. However, according to them; they have been members of Atba-e-Malak Vakil Jamat (Vakil Jamat) which came to be known as such after death of Maulana Malak Saheb. It was the same Jamat founded by Maulana Malak. They follow the tenets, precepts and spiritual rituals of Maulana Malak Saheb. The said Jamat was entitled to the benefits of the Trusts funds. The defendant is the head of Atba-e-Malak Badar, (Badar Jamat), which is different than the Jamat.