ASSADULLAH MAKHDOOMI Vs. LASSA BABA

JUDGEMENT

(1.) THIS is an appeal under S. 39 of the Arbitration Act against the judgment and decree of the learned District Judge Srinagar dated 3 -10 -64 whereby he has refused to set aside an award passed by Shri M. M. Siddiqi, late Financial Commr. of the State dated 12 -12 -61.

(2.) THE history of the litigation is that there is a holy shrine of Hazrat Makhdoom Sheikh Hamza on the Hari Parbat hillock, held in great esteem by the residents of Kashmir. The saint is alleged to have been born in the year 900 Hijri and passed away in the year 964 Hijri. He had no issue of his own, but it is alleged that he adopted one Mohd. Ali. His brother was one Baba Ali Raina. Descendents of Mohd. Ali, his adopted son, are called Pir Sabiban Pain and those of his brother, Baba Ali Raina, are called Pir Sahiban Bala. Both these Pir Sahiban are called Baba Sahiban also. As is usual at such shrines the devotees go to make their offerings in cash and kind. People in charge of the holy shrine contend for the income which thus accrues in the name of the holy shrine

(3.) IN this case according to Shri M. M. Siddiqi, the arbitrator, the first dispute arose between the above mentioned two sets of Pirs and was finally decided by Babu Nilambar on 19th Jeth 1932 (Bikrami) by which order Khatumkhani was given to the Pir Sahiban Bala and Fatehkhani to Pir Sahiban Pain, and it was further held that one Subhan Pahlwan and his son should perform Khatumkhani on behalf of Pir Sahiban Bala. In addition to the two above sets of people working in the shrine, another set of people who are called the Khadims also claimed some share in the income of this shrine. On this claim of theirs, a dispute arose between the Pir Sahiban on the one hand and the Khadims on the other, in the year 1969 Bakrami. Earnings from the Shamadan Androni Deodi were given half to the Khadims and they were also to get half of the income of Phallus, i. e copper coins. The remaining half of this income was to go to the Pirs and the offerings, in other coins was also to go to them. This dispute went Upto the High Court and from the High Court it went to His Highness, the Maharaja Bahadur who by his order dated 7 5 -74 upheld the decision of the courts based on an award given by one Mirza Ghulam Mustafa .