A.L. Bahri, J. - (1.) THIS revision is directed, against concurrent orders of the Courts below passed on application for the grant of interim injunction during pendency of the suit.
(2.) THE dispute relates to appointment/removal of Khalifa and Sajjada Nashin of a Muslim shrine known as Khangah Alia Mojaddadia Roza Sharif, Sirhind. The suit was filed by the present Respondent Syed Iftikhar Ahmad, who was appointed as Khalifa Sajjada Nashin of the Khanqah on April 7, 1988 by members of the Muslim community of Sirhind. The aforesaid members of the Muslim community, on October 24, 1989, alleged to have appointed Syed Mohammad Yahiya as the Khalifa Sajjada Nashin which led to the finding of the suit challenging the appoint of Syed Mohammad Yahiya with permanent injunction restraining the Defendants from illegally and forcibly occupying and causing/creating nuisance in the Khangah. While contesting the suit it was alleged by the Defendants that the office of Khalifa/Sajjada Nashin was hereditary. On the death of father of the Petitioner who was Khalifa Sajjada Nashin, it was the Petitioner who was to succeed. Since he was an infant child, the community appointed another person as Khalifa Sajjada Nashin with the clear understanding that on attaining majority the Petitioner was to be installed as Khalifa Sajjada Nashin. Thereafter Syed Anis Ahmed father of the Respondent was appointed as Khalifa Sajjada Nashin on the same terms and conditions and on his death Syed Iftikhar Ahmed, the Respondent was appointed as such. The Respondent executed an affidavit undertaking to abdicate the office on installation of the Petitioner as Khalifa Sajjada Nashin. As already stated above, both the Courts ordered in favour of the Plaintiff -Respondent that he will continue to act as Khalifa and manage the properties attached to the Khanqah. The contention of the learned Counsel for the Petitioner -Defendant is that office of Khalifa Sajjada Nashin is hereditary and since the Petitioner was infant child on the death of his father he could not be appointed as Khalifa Sajjada Nashin and in 1947 when partition of the country took place, the Petitioner shifted to Pakistan. Subsequently, he again came to India and started living in the Khanqah but could not be appointed as Khalifa Sajjada Nashin being a foreigner, he applied for obtaining citizenship of India and It was thereafter that when he became Indian Citizen, he was nominated as Khalifa Sajjada Nashin by the Community and thus there was no prima facie case in favour of the Plaintiff -Respondent. On the other hand it has been argued that the Respondent having been validly appointed as Khalifa Sajjada Nashin by the Community en terms mentioned in the deed which was registered, he could only be removed if it was proved that he had committed breach of such terms. It has further been argued that the Muslim Community could not remove the Plaintiff from the said office unilaterally and a suit was required to be filed for his removal under Section 92 of the Code of Civil Procedure. After hearing counsel for the parties I find that no case for interference with the discretionary orders passed by the Courts below is made out.
(3.) THE phrases Khankah and Sajjadanashin were explained by the Privy Council in Khwaja Muhammad Hamid v. Mian Mahmud and Ors., 1922 PC 384, it was observed as under: - -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 sufi 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 sajjanashin (the one seated on the prayer mat) who not only acts as mutwali (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 sajjadanashin, and after his death the spiritual line (silsilla) is extended by a succession of sajjadanashins, generally members of his family chosen by him or according to the directions given by him in his life -time, or selected by the fakirs and murids, and formally installed. - - - - The aforesaid observations were relied upon by the Patna High Court in (Syed Shah) Muhammad Kazim v. (Syed) Abi Saqhir and Ors. : A.I.R. 1932 Pat 33. After taking into consideration the provisions of Section 92 of the Code of Civil Procedure, it was held that a'Khalifa or a Sajjadanashin could be removed from the office by having a recourse to the provision of Section 92 of the Code of Civil Procedure, borne grounds were also suggested that it must be shown that the man (Khalifa or the Sajjadanashin) is not only incompetent to manage the property, but that he is of such a low morality that his continuance as the superior of the sacred shrines and institutions is repugnant and undesirable. A Sajjadanashin, who is also a manager, may be deprived of managership, though he may be retained as sajjadanashin.;