SYED GULAM SARWAR BIABANI Vs. AFZALUNNISA BEGUM

JUDGEMENT

(1.) Original Suit No. 63 of 1977 was decided by Principal Subordinate Judge, Warangal against which, A.S. No. 1206 of 1987 has been filed. Cross-Objections have also been filed in this A.S. No. 1206 of 1987. O.S. No. 63 of 1977 had been decreed. Tr. A.S. No. 838 of 1989 was filed against the decree and judgment in O.S. No. 201 of 1981. Tr.A.S. No. 1659 of 1988 was filed against the decree and judgment in O.S. No. 202 of 1981 and Tr.A.S. No. 839 of 1989 is against O.S. No. 71 of 1982. These appeals raise common questions of facts and law. While referring to the facts, we will refer to O.S. No. 63 of 1977, which has given rise to A.S. No. 1206 of 1987.

(2.) O.S. No. 63 of 1977 had been decreed. This suit was filed by one Afzalunnisa Begum. She sought declaration that she was the Mutawalli and Sajjada of the suit shrine. She had become Mutawalli and Sajjada after the death of her father Abdul Kareem Biabani. She also sought possession and eviction of defendants No. 1 to 5. She also sought permanent injunction restraining defendants and their representatives from objecting to the drawal of cash grant payable by the Government to the Sajjada from the estate of late Sir Afsar-Ul-Mulk. Four suits i.e. O.S. Nos. 63 of 1977, 201 of 1981, 202 of 1981 and 71 of 1982 were decided by a common judgment by the Principal Subordinate Judge at Warangal. Against some of the judgments and decrees, appeals were taken before the District Judge and they were transferred to this Court. Accordingly these appeals and Cross-Appeal have arisen out of the common judgment referred to above.

(3.) Now coming to the facts of O.S. No. 63 of 1977 first, in this case the plaintiff claimed that she and defendants No. 1 to 6 were closely related and were common descendants of late Syed Shah Afzal Biabani, who was a learned Muslim who lived in the first half of the 19th Century in the village of Kazipet Jagir. He had many admirers and disciples. He died in the year 1857 A.D. He was survived by his only son Syed Shah Gulam Sarwar Biabani. He left behind landed property of Ac.6-36 gts in Survey No. 246 and Ac.3-12 gts in Survey No. 247 in Kazipet Jagir. Survey No. 247 was agricultural land and was adjacent on the Western side to Survey No. 246. The body of Syed Shah Afzal Biabani was buried in the Eastern portion of Survey No. 246. His admirers and disciples constructed a Dargah over his grave and dedicated it to his memory. The Dargah was completed few years after 1857. His son Syed Shah Gulam Sarwar Biabani who was also a pious and saintly person, was by common consent chosen and appointed as Mutawalli and Sajjada thereof. He was in possession of Survey Nos. 246 and 247 in his capacity as Mutawalli and was discharging his duties as Mutawalli and Sajjada of the Dargah. A two-storied building was constructed in the same area. The ground floor consisted of four rooms and on the first floor a hall known as 'Naubat Khana' was constructed. To the West of Dargah, a Mosque was also constructed by the admirers and devotees of Syed Shah Afzal Biabani. In the Western part of Survey No. 246 and to the North of the Mosque, 11 rooms designated as 'Khankha' were constructed. A Chabootra with a water storage tank and an agricultural well were also created. These constructions were completed by 1910 A.D. The whole area in Survey No. 246 became a big shrine and a place of pilgrimage in the District.