BILQIS BEGUM Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) THE plaintiffs-appellants filed a suit for declaration that they are entitled to be appointed to the office of Mutwalli of Mazar of Sheikh Jalaludin Mohman Kabirul Aauliya Usmani at Panipat and also for a decree for possession of the Mazar. Both the courts below have dismissed the suit as well as the appeal filed by the plaintiffs/appellants.

(2.) IN short the case set up by the appellants was that one Sheikh Jalaludin Mohmad Kabirul Aauliya Usmani was a Saint and residing at Panipat in Mohalla Peer Zadgan Ward No. 11, Panipat. On his death, his Mazar (Samadhi) was built in Mohalla Peer Zadgan, Ward No. 11, Panipat and his son Khwaja Shibli became its (said Mazar) Sajjada Nashin and Mutwalli of the said property. Thereafter i.e. after the death of Khwaja Shibli his son became Sajjada Nashin and Mutwalli of the said Mazar and so on. Thus, the office of the Sajjada Nashin and Mutwalli has been hereditary by custom. Sheikh Habibur Rehman was the last Sajjada Nashin and Mutwalli of the said Wakf property known as Mazar Sheikh Jalaludin Mohd. Kabirul Aaulia Usmani. Sheikh Habibur Rehman was the father of plaintiff No. 1 i.e. Bilqis Begum and maternal grand-father of the plaintiff Nos. 2 and 3 (sons of Bilqis Begum). Sheikh Habibur Rehman was the 12th descendant in the holy progeny of the great Saint Sheikh Jalaludin Mohd. Kabirul Aauliya Usmani. Habibur Rehman died in the year 1970 leaving behind plaintiff No. 1 as the sole heir who is entitled to be appointed as Sajjada Nashin and Mutwalli of the said Mazar. Hence, a decree for declaration was prayed for to the effect that the plaintiff or any of them are entitled to the appointment of Mutwalli of the Mazar and also for possession thereof.

(3.) IN the wake of the respective pleadings of the parties, the trial Court framed the issues which read as thus :-