SYED WAZIR ALI Vs. SYED WALI
HIGH COURT OF RAJASTHAN
Syed Wazir Ali
Referred Judgements :-
<RC>1968 RLW 324</RC>
RAJASTHAN HIGH COURT
<AT>S.B.CIVIL REVISION 381 OF 1963.</AT>
SYED WAZIR ALI
<ACT>DARGAH KHAWAJA SAHIB ACT,1955</ACT><S>S.2(D)(V)</S><S>S.14(1)</S>
<ACT>CODE OF CIVIL PROCEDURE
AMON V. RAPHAEL TUCK & SONS LTD.
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Jagat Narayan, J. -
(1.)These are connected revision applications in which the same question arises namely, whether the Dargah Committee, Ajmer has been rightly impleaded by the trial court in the two suits out of which these two revision applications arise.
(2.)Civil Revision No.381 of 1963 arises out of a suit for injunction brought by two Syedzada Khadims against three Syedzada Khadims. These Khadims are entitled to the custody of the keys in their fixed turns by rotation. The plaintiffs and the defendants are amongst he custodians of the keys of the room in which the tomb of Hazrat Khawaja Sahib Moin Uddin Chishti is situated. It is the case of both these parties that they have a right to perform the attendant services, and to receive and enjoy the income accruing therefrom on certain fixed Saturdays. The case of the plaintiffs is that the defendants interfere with the right of the plaintiffs by not delivering the keys to them when their turn comes and by appropriating the income to which they are entitled. The Dargah Committee filed an application in the above suit for being impleaded as a defendant on the ground that neither the plaintiffs nor the defendants are entitled to enjoy any part of the income accruing from the tomb of Hazrat Khawaja Sahib and the Dargah Committee alone is entitled to it by virtue of sections 2(d) (v) and 14(1) of the Dargah Khawaja Sahib Act, 1955.
(3.)Civil Revision No. 94 of 1964, arises out of a suit instituted by a registered socsiety of Syedzada Khadims, and the Receiver appointed by the Civil Judge, in Civil Suit No. 352 of 1944, instituted by one set of Syedzada Khadims against another set. The defendants to the suit are four bawarchis and two thekedars who had taken the theka for the months of January, & December, 1960, from the Receiver. The dispute between the parties is as to whether the Syedzada Khadims are entitled to receive 10 Np. coins put into two degs in the Dargah, or the bawarchis.
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