KHWAJA MUHAMMAD HAMID Vs. MIAN MAHMUD

JUDGEMENT

(1.) THIS appeal raises questions as to the existence of a khankah (a Mahomedan religious institution) at Taunsa in the district of Pera Ghazi Khan in the Punjab, and as to the rights of the sajjadanishin (or superior) of such an institution. The nature and origin of khankahs were described in the judgments of the High Court of Bengal in Piran v. Abdool Karim (1892) I.L.R. 19 C. 203 and Mohiuddin v. Sayiduddin (1893) I.L.R. 20 C. 810, and in the judgment of this Board in Vidya Varuthi Thirtha v. Balusawi Ayyar L.R. 48 I.A. 302, 322, and need not be further elaborated. It is enough to say that a khankah is a monastery or religious institution where dervishes and other seekers after truth congregate for religious instruction and devotional exercises. It has generally been founded by a dervish or a su.fi professing esoteric beliefs, whose teachings and personal sanctity have attracted disciples whom he initiates into his doctrines. After his death he is often revered as a saint, and his humble takia (or abode) grows into a khankah and his durgah (or tomb) into a rauzah (or shrine). The khankah is usually under the governance of a sajjadanishin (the one seated on the prayer mat), who not only acts as mutawalli (or manager) of the institution, and of the adjoining mosque, but also is the spiritual preceptor of the adherents. The founder is generally the first sajjadanishin, and after his death the spiritual line (silsilla) is extended by a succession of saj-jadanishins, generally members of his family chosen by him or according to directions given by him in his lifetime, or selected by the fakirs and murids, and formally installed; and the income of the institution is usually received and expended by thern.

(2.) IN the present case events followed closely the course above described. Khwaja Muhammad Suleman, who was a disciple of Nur Muhammad Muharvi of Mahar in the State of Bahawalpur (a member of the well-known Chishti family of sufis), came to dwell at Taunsa, a place situated in a sandy desert under the Suleman range and then uninhabited. It is recorded, in a book called Manakab-ul-mahhubin (the history of the beloved of God), which was written in or about the year 1860 by one of his disciples and was referred to by both parties in the suit, that Suleman built a house and a dalan (or gallery) for his lodging, a hujra (or room) for his worship, and a dalan for the society of fakirs, and further that he erected a katcha mosque where he said prayers in congregation, and to the east of the mosque a wooden canopy shaded by reeds, under which he held court. Mention is also made of other hujras and a langar (or kitchen) for the use of his adherents, and a well; and it is said that an auditor of accounts and a legal adviser and a counsellor were appointed. Suleman was much revered as a religious teacher and made many disciples, including the Nawab of Bahawalpur, who demolished the katcha mosque of earth and built a pacca mosque in its place.

(3.) KHWAJA Allah Bakhsh carried on his grandfather's work with zeal and success, and with the assistance of a number of pirs and khalifas who had been ordained by him, and made many disciples; and many thousands of pilgrims were attracted to the shrine. Allah Bakhsh obtained grants of more land from the tribes in the district, and with the help of his followers put up huts and bungalows for the fakirs and dervishes, and serais and langars for the accommodation of the pilgrims, so that at the time of his death the mosque and shrine, with the buildings used in connection with them, occupied some acres of ground. Remission of revenue was granted to Allah Bakhsh as sajjadanishin of the khankah at Taunsa, and he was exempted under that designation from appearing personally in a civil Court.