ALTAF HUSSAIN Vs. ALE RASUL KHAN

JUDGEMENT

(1.) The dispute in this case relates to the distribution of the offerings made by the pilgrims to the tomb of Khwaja Moinuddin Chisti at Ajmer. The tomb in question, generally known as Durgah Khwaja Sahib, Ajmeir, has, for centuries past, been a place of pilgrimage for devout Moslems; and the presents made by the pilgrims to the durgah have led to frequent disputes between the sajjadanashin (called diwan sahib) on the one side, and the khadims (servitors) on the other side. The sajjadanashin is a descendant of the saint, while the khadims are the descendants of the original disciples of the saint.

(2.) In September, 1912, diwan Sharfuddin, the predecessor of the present sajjadanashin, granted to the khadims, a perpetual lease of the sajjadanashin's share of the offerings made at the shrine for Rs. 500 a year. For about ten years there was no controversy between the sajjadanashin and the khadims about the division of the offerings. In 1922 diwan Sharfuddin died and was succeeded by diwan Syed Ale Rasul Ali Khan, who refused to recognise the validity of the lease granted by his predecessor in respect of the sajjadanashin's share of the offerings. His refusal resulted in the revival of the old dispute, and ultimately led to the present litigation.

(3.) The main combatants are the sajjadanashin and the khadims, but there is also a Durgah Committee which is interested in the offerings. This committee consists of persons who were appointed, under the Religious Endowments Act, XX of 1863, to perform the duties of the trustees of the durgah property. The trial Judge adjudicated upon the rights of the various parties ten the dispute, but on appeal his decision has been modified by the Judicial Commissioner of Ajmer Merwara in respect of a few matters which will be discussed presently. The sajjadanashin as well as the khadims are dissatisfied with the appellate judgment, and have appealed to His Majesty in Council. Their Lordships, after examining the arguments submitted to them, do not think that that judgment can be successfully challenged except on one small point.