SHEIKH MOHAMMED ABDUL QADIR Vs. ANJUMAN MOINIA FAKHRIA

JUDGEMENT

(1.) THESE two cross appeals against the judgment and decree of the learned Senior Civil Judge, Ajmer, arise out of a suit for partition between two sects (Thoks) of Khadims (servitors) of the renowned saint Khawaja Moinudin Chisty whose tomb at Ajmer generally known as Durgah Khawaja Sahib, Ajmer, has for centuries past been a place of pilgrimage for devout Muslims. Sheikh Hajrat Syed Mohd. Yadgar Sahib and Hajrat Syed Fakhruddin Sahib were the two original disciples or Khawaja Moinudin Chisty. The descendants of Sheikh Hajarat Mohd. Yadgar Sahib constitute one sect (Thok) of Khadmis and are khown as Sheikhzada Khadims. Similarly, the descendants of Hajrat Syed Fakhrudin Sahib constitute another sect (Thok) of Khadims and are khown as Syedzada Khadims.

(2.) THE present suit was brought on 6.7.53 by five persons representing the entire sect of Sheikhzada Khadims against the Anjuman Moinia Fakhria Chistia Khawaja Syedzadas, a corporate body of the Syedzada Khadims registered in the year 1942 under the Societies Registration Act, 1860, hereinafter called as the Anjuman. The plaintiffs being the descendants of one of the two original disciples claimed half share in certain offerings and presents made by the pilgrims visiting the Durgah Khawaj Sahib, Ajmer. They further claimed half share in certain movable and immovable properties as also in the income from these properties, which, according to them, were jointly owned by the parties. The plaintiffs alleged that prior to 1942 members of both the sects (Thoks) of Khadims were managing the joint property 'Anjuman Fakhria Chistia' an unregistered body representing both sects. The details of the various properties in which the plaintiffs claimed half share were given in Schedule A and B attached to the plaint. They run as under. 1. Income of the nazer made at the rozas of Hajrat Sahibzadi Sahib Hajrat Sahibzada Sahib the brother -in -law of Keswat Khawaja Sahib and Bibi Sahiba inside Durgah Sharif Ajmer (The Theka of the above income is given before Urs). 2. Income of the nazer of both the degs (large and small). The Theka is given during Urs for the income of the nazer which occurs in Urs and Pushkar fairs.

(3.) INCOME of the land before Chhatri Darwaja, half of the eastern gate and an underground kotha facing north bounded