ASHOK BHUSHAN,J. - (1.) These appeals have been filed against the judgment dated 05.07.2012 of the High Court of Rajasthan at Jaipur Bench dismissing three Second Appeals filed by the appellant by confirming the judgment and order of the First Appellate Court as well as of the trial court.
(2.) Brief facts of the case giving rise to civil suit between the parties and these appeals need to be noted are: 2.1 In the year 1838 Khwaja Haji Muhammed Najmuddeen Sahib founded the Dargah in Fatehpur, District Sikar, Rajasthan. During his lifetime, he nominated his son Maulana Naseeruddeen Sahib as his successor to the office of Sajjadah Nashin and Mutawalli of the Dargah. Maulana Naseeruddeen Sahib during his lifetime nominated Gulam Najmuddeen Sahib, who was aged 3 years at that time as Sajjadah Nashin and Mutawalli after him. Gulam Najmuddeen Sahib after attaining majority nominated Gulam Sarwar Sahib as his successor to the seat of Sajjadah Nashin and Mutawalli of the Dargah. Gulam Sarwar Sahib became the third Sajjadah Nashin and Mutawalli of the Dargah. Gulam Sarwar Sahib while functioning as Sajjadah Nashin and Mutawalli framed a Constitution (Zabta) in the year 1932 of the Dargah by laying down Rules for nomination of Sajjadah Nashin and Mutawalli, for management of Dargah and other Rules and Principles for Dargah. Original Zabta was in Urdu which has been filed as Ex.2 along with translated copy in English and Hindi in the suit. Gulam Sarwar Sahib, the third Sajjadah Nashin and Mutawalli nominated Nurul Hasan as the 4th Sajjadah Nashin and Mutawalli during his lifetime by a Will dated 02.12.1951. 2.2 Nurul Hasan, the 4th Sajjadah Nashin and Mutawalli got registered the Dargah in the Muslim Wakf Board of Rajasthan, copy of Zabta was also submitted at the time of registration of the Deed. The Zabta before being submitted in the Wakf Board for registration was acknowledged by 4th Sajjadah Nashin and Mutawalli, petitioner and other members of the Khandan. Fourth Sajjadah Nashin and Mutawalli, Nurul Hasan made declaration executing Will on 12.09.1979 nominating his grandson (daughter's son) - Gulam Naseer, the respondent No.1 to these appeals, as Sajjadah Nashin and Mutawalli. The Will was also got registered on 16.11.1979 at Sub-Registrar, Ajmer. On 03.08.1982, 4th Sajjadah Nashin and Mutawalli passed away. Before his death, he also made declaration and confirmation of nomination in favour of respondent No.1. 2.3 After the death of 4th Sajjadah Nashin and Mutawalli when certain disturbance in the management of Dargah was created by the appellant and some other persons, a Suit No.96 of 1982 (Peer Gulam Naseer vs. Shri Abrar Ahmad and 10 others) was filed by the respondent through his guardian and father Maujam Ali. The suit was filed for the permanent injunction. A temporary injunction was granted in the suit. Interim injunction granted by the trial court although was set aside by the Appellate Court but ultimately was restored by the High Court on 28.10.1988 in Civil Revision Petition No. 657 of 1986. Against the judgment of the High Court, SLP(C)No.14030 of 1989 was filed, which was dismissed. Review Petition also came to be dismissed. Another Suit No. 12 of 1989(Peer Gulam Jilani vs. Gulam Naseer and 05 others) was filed by the appellant praying for permanent injunction against the respondent. 2.4 Another Suit No.59 of 1986 (Gulam Naseer vs. Gulam Jilani and 23 others) was filed by the respondent. Suit No.96 of 1982 filed by the respondent No.1 was registered as Suit No.13 of 1989 in the Court of District Judge. 2.5 The trial court decided all the three suits by a common judgment dated 17.04.2003. Suit No.96 of 1982 filed by the respondent No.1 was decreed and defendants of the suit were restrained by way of permanent injunction. Suit No.96 of 1995 filed by the appellant for permanent injunction against the respondent was dismissed whereas Suit No.59 of 1986 filed by the respondent was decreed. The trial court upheld the nomination of the respondent by 4th Sajjadah Nashin and Mutawalli by declaration and Will dated 12.09.1979, declaration was held proved by the trial court. The trial court also held that the respondent No.1 was fully eligible to be nominated as Sajjadah Nashin and Mutawalli. 2.6 Aggrieved against the judgment of trial court dated 17.04.2003, the appellant filed three appeals under Section 96 of the CPC, which appeals were heard and dismissed by the First Appellate Court vide its judgment dated 04.09.2004. Aggrieved against the judgment of the First Appellate Court dated 04.09.2004 three second appeals were filed by the appellant, which were dismissed by the High Court by the impugned judgment dated 05.07.2012. The appellant aggrieved against the judgment of the High Court dismissing the three second appeals has come up in these appeals.
(3.) We have heard Shri V.K. Shukla, learned senior counsel appearing for the appellant. Smt. Aishwarya Bhati, learned senior counsel, has appeared for the respondent.;