MIR GHULAM HASSAN SHAH GEELANI Vs. MIR MAQBOOL SINGH GEELANI

JUDGEMENT

(1.) THE plaintiff, Gh. Hassan Geelani, has commenced this suit for (A) a declaration to the effect that he is the hereditary Sajadahnashin of the Khankah called Ziarat Syed Abdul Qadir Jeelanisituate at Khanyar, Srinagar and that, as such, he is entitled, jointly with his brother, defendant No.1, and in his absence, solely, to administer and manage all the affairs of the Ziarat and to realise and disburse the offerings and other income accruing to the Ziarat without interference by any -one, be it one person or a group of persons ; and (B) a perpetual injunction restraining the defendants from interfering with his rights in that behalf.

(2.) THE contesting defendants have resisted the suit inter alia on the ground that the valuation for purposes of court fee and jurisdiction is insufficient and that the suit, as framed, is not maintainable because, as the written statements put it, "there is land and property attached to the Ziarat which have not been included in the suit and no further relief has been sought". It is averred by defendants that under instructions from defendant No. 1, who is the "sole rightful Sajadahnashin of this Ziarat and his duly appointed attorney, defendant No. 3, the Central Auqaf Islamia, defendant No. 7, is looking after the affairs and management of the Ziarat and its property. These technical pleas are the subject matter of issues 1 and 6 which have been tried as preliminary issues. The two issues are framed thus.

(3.) THE contesting defendants led six witnesses who depose, almost unanimously, that management of the Ziarat and its property consisting of two parks, one vacant piece of land and two buildings as Srinagar and some agricultural lands at Pulwama is held and controlled by Idara Auqaf Islamia, defendant No. 7, who have rented out one of the buildings to the Government for running a school and use the other for purposes of the Ziarat for imparting religious education. The plaintiff has not produced any evidence in rebuttal. The conclusion is, therefore, irresistible that the Ziarat and the property appertaining thereto are under the control and management of Idara Auqaf Islamia, defendant No. 7. I hold accordingly.