SARDRUDDIN ALLISAHEB MUTAVALI Vs. HAJARAT PEER SHAMMA MEER SAHEB DARGA

JUDGEMENT

(1.) The respondents are the Trustees of the famous Dargah of Hajarat Peer Shamma Meer Saheb at Miraj. The Dargah is registered as a Public Trust under the Bombay Public Trusts Act, 1950.

(2.) On November 30, 1964, the respondents filed a suit in the Court of the Civil Judge, Junior Division, Miraj, against the appellants to get a permanent injunction restraining the appellants from touching or removing the Maitana and Amish, i.e., articles and cash amounts of Navas offered by the devotees of the Dargah at the time of Moharrum and Urus festivals, and further restraining them from interfering with the plaintiffs' right of distributing the said Maitana and Amish and cash amount. They also sued to obtain accounts from the defendants about the Maitana and Amish removed by the defendants during the Moharrum and Urus of 1963 and during the Moharrum of 1964; and for the recovery of the amount that would be found due from the defendants at the' foot of the accounts and costs.

(3.) According to the plaintiffs, Moharrum and Urus festivals are celebrated in the Dargah every year. Devotees offer cash amounts and other articles ot Navas called maitana and Amish to the Kabarasthan (Tomb) in the Dargah at the time of Moharrum and Urus. The plaintiffs keep a box for that Maitana and Amish and cash amounts. The three families of Mutavallis, Sharik Maslats and Mushrifs of Miraj had shares in that Maitana, Amish and cash amounts. The Mutavallis had 1 1/2 share, Sharik Maslats had one share and Mushrifs had one share in the said Maitana, Amish and cash amounts. The plaintiffs were distributing the same among the members of the three families of Mutavallis, Sharik Maslats and Mushrifs in proportion of their respective shares according to the usage from ancient tunes.