Case: PEER GULAM JILANI Vs. PEER GULAM NASEER AND ORS

was the real brother of Khwaja Najmuddin, Maujam Ali PW1 has also confirmed his testimony. In this connection two Sajras Ex.101 and 102 have been placed on record. In this connection Gulam Jilani DW1 has stated that: Ahmad baksh saheb ke pote hone ke nate vadi unke putra najimuddin saheb va unke pote maulana Nasruddin saheb ke bhi pote lagte hai Gulam Jilani DW1 has also stated that the property rights of the descendants from one grandfather are different but the descendants constitute one Khandan. The above admission from the mouth of defendant clearly show that the plaintiff also belongs to the Khandan of Najmuddin Saheb and Maulana Naseeruddin Saheb. 9. We may extract the relevant portion of Rules 1 and 2 of Zabta on which much emphasis was given by the learned counsel for the appellant. Relevant part of Rule 1 is as follows: The Sajjadah Nashin and Mutawalli of this abode (Dargah) of exalted highness ought to be a trained person from the line of this family and formally entered into Baiat(murid) in this very spiritual Sect (silsila) and should be enlightened with the knowledge and sanctity and also well acquainted with and acting upon the mystic path as propagated by the Sulemani Najmi family so that he may accordingly educate to those who are descrous to search the truth and believes himself to be a trustee of the poor and the innocent. In case of any negligence he shall be answerable to God. 10. Relevant portion of Rule 2 on which learned counsel for the appellant has given emphasis is to the following effect: If the Sajjadah Nashin by virtue of revealing his internal spiritual light declares any minor son as his successor, in that case till attaining majority and knowledge, 11. Rule 1 of the Zabta cannot be read in a manner as suggested by the counsel for the appellant. Had the Zabta intended to lay down line of succession through lineal descendants, it would have been clearly provided. The succession to the Sajjadah Nashin and Mutawalli is not hereditary succession but it is selection by Sajjadah Nashin and Mutawalli. Following portion of Rule 1 makes it clear: It shall be obligatory upon the Sajjadah Nashin and Mutawalli to select his successor during his life time keeping in view the conditions prescribed in the aforesaid lines so that no faction or dispute arises thereafter. If the Sahib-e-Sajjadah expires before such a selection, it would then be the duty of the main members of this venerable family and virtuous murids to select such a person who is gifted with the aforesaid high qualities and thereby to entrust him with all the affairs of the Dargah, and the rights of such a Sajjadah Nashin would be the same as those of his predecessor-Sajjadah Nashin and in case there are several such qualified persons the decision will be taken in accordance with the customs and traditions prevailing in this Dargah since the very beginning. 12. The Zabta of Dargah refers to spiritual Sect Silsila and the word family (Khandan)had not been used in the limited sense as sought to be contended by the appellant. 13. Rule 1 of the Zabta cannot be read as laying down any hereditary succession to the office of Sajjadah Nashin and Mutawalli nor Rule 1 can be read to lay down succession to lineal descendants as sought to contend. The respondent who was daughters son of 4th Sajjadah Nashin and Mutawalli and who has also traced his lineage from Shahabuddin real brother of founder of Dargah, cannot be said to be person not belonging to Khandan. All the three Courts below have rightly held him to be fully eligible. Furthermore, Sajjadah Nashin who has been given right to select his successor, his selection and nomination has also to be given weight. There is no dispute between the parties that even a person of minor age can be selected as Sajjadah Nashin and Mutawalli. 14. Coming to the second submission of the learned counsel for the appellant that use of word Sagir Sinn in Rule 2 means minor son. There are two reasons due to which this submission cannot be accepted. Firstly, in the Courts below appellant never raised an issue or contention that word Sagir Sinn used in Rule 2 means minor son. When no such issue or submission was raised, appellant cannot be allowed to raise this submission in this Court for the first time. 15. Secondly, to satisfy ourselves, we have also looked into the Hindi translation, which is actual translation of Urdu words in the Zabta. In the counter-affidavit, the respondent has brought on the record Hindi translation which is in Devnagri translation of actual Urdu words. The word used is Sagir Sinn. The word Sagir Sinn is a combination of two words Sagir Sinn. Word Sinn is a Persian word. In English Persian Dictionary by A.N. Wollaston, word age has been mentioned as Sinn. Following is stated in the Dictionary: image 16. In another Persian-English Dictionary by S. Steingass one of the meanings to the Persian word sinn is year, age, period of life. Various combination of other different words using word sinn has also been defined like sinni balugh, sinni tamiz, sinni shaikhukhiyat to the following effect: ...sinn, A tooth; nib of a pen; an indentation; a horn; year, age, period of life; a wild bull; greedy eating; name of a mountain near Madinah; also of a place sinni balugh(balughat, taklif), Age of puberty, mature age;- sinni tamiz(tamyiz, shuur), The age of discretion;- sinni shabab, Youth;- sinni shaikhukhiyat, Mature age; old age;- sinn u sal, Age, (many) years. 17. The word Sagir Sinn also gives the meaning of minor age. In no manner the word Sagir Sinn can be read as minor son as contended by the appellant. 18. All the three Courts have not committed any error in reading the Zabta and coming to the conclusion that respondent was eligible to be nominated as Sajjadah Nashin and Mutawalli.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]11. Rule 1 of the Zabta cannot be read in a manner as suggested by the counsel for the appellant. Had the Zabta intended to lay down line of succession through lineal descendants, it would have been clearly provided. The succession to the Sajjadah Nashin and Mutawalli is not hereditary succession but it is selection by Sajjadah Nashin and Mutawalli. Following portion of Rule 1 makes it clear:It shall be obligatory upon the Sajjadah Nashin and Mutawalli to select his successor during his life time keeping in view the conditions prescribed in the aforesaid lines so that no faction or dispute arises thereafter. If the Sahib-e-Sajjadah expires before such a selection, it would then be the duty of the main members of this venerable family and virtuous murids to select such a person who is gifted with the aforesaid high qualities and thereby to entrust him with all the affairs of the Dargah, and the rights of such a Sajjadah Nashin would be the same as those of his predecessor-Sajjadah Nashin and in case there are several such qualified persons the decision will be taken in accordance with the customs and traditions prevailing in this Dargah since the very beginning12. The Zabta of Dargah refers to spiritual Sect Silsila and the word family (Khandan)had not been used in the limited sense as sought to be contended by the appellant13. Rule 1 of the Zabta cannot be read as laying down any hereditary succession to the office of Sajjadah Nashin and Mutawalli nor Rule 1 can be read to lay down succession to lineal descendants as sought to contend. The respondent who was daughters son of 4th Sajjadah Nashin and Mutawalli and who has also traced his lineage from Shahabuddin real brother of founder of Dargah, cannot be said to be person not belonging to Khandan. All the three Courts below have rightly held him to be fully eligible. Furthermore, Sajjadah Nashin who has been given right to select his successor, his selection and nomination has also to be given weight. There is no dispute between the parties that even a person of minor age can be selected as Sajjadah Nashin and Mutawalli14. Coming to the second submission of the learned counsel for the appellant that use of word Sagir Sinn in Rule 2 means minor son. There are two reasons due to which this submission cannot be accepted. Firstly, in the Courts below appellant never raised an issue or contention that word Sagir Sinn used in Rule 2 means minor son. When no such issue or submission was raised, appellant cannot be allowed to raise this submission in this Court for the first time15. Secondly, to satisfy ourselves, we have also looked into the Hindi translation, which is actual translation of Urdu words in the Zabta. In the counter-affidavit, the respondent has brought on the record Hindi translation which is in Devnagri translation of actual Urdu words. The word used is Sagir Sinn. The word Sagir Sinn is a combination of two words Sagir Sinn. Word Sinn is a Persian word. In English Persian Dictionary by A.N. Wollaston, word age has been mentioned as Sinn16. In another Persian-English Dictionary by S. Steingass one of the meanings to the Persian word sinn is year, age, period of life. Various combination of other different words using word sinn has also been defined like sinni balugh, sinni tamiz, sinni shaikhukhiyat to the following effect:...sinn, A tooth; nib of a pen; an indentation; a horn; year, age, period of life; a wild bull; greedy eating; name of a mountain near Madinah; also of a place sinni balugh(balughat, taklif), Age of puberty, mature age;- sinni tamiz(tamyiz, shuur), The age of discretion;- sinni shabab, Youth;- sinni shaikhukhiyat, Mature age; old age;- sinn u sal, Age, (many) years17. The word Sagir Sinn also gives the meaning of minor age. In no manner the word Sagir Sinn can be read as minor son as contended by the appellant.18. All the three Courts have not committed any error in reading the Zabta and coming to the conclusion that respondent was eligible to be nominated as Sajjadah Nashin and Mutawalli.