Case: HAMMAD AHMED Vs. ABDUL MAJEED

3. The dispute between the parties at this stage is as to who should discharge the duties of Chief Mutawalli of Hamdard Laboratories (India) earlier known as Hamdard Dawakhana, after the death of previous undisputed Chief Mutawalli - Abdul Mueed on 19.03.2015.The Appellant filed Civil Suit No. 211 of 2017 on 08.05.2017, whereas Respondent No. 2 filed Civil Suit No. 162 of 2017 on 29.03.2017. The suit of the Appellant is for declaration, prohibitory injunction and for other reliefs. The Appellant asserted that after death of Abdul Mueed, Chief Mutawalli on 19.03.2015, the Appellant being living senior most male direct successor of Wakif Mutawalli took over the Office of Chief Mutawalli on 20.03.2015 when an office order was issued to this effect by him. The Respondent Nos. 1 and 2 are the defendants in the suit filed by the Appellant. Such Respondents are sons of former Chief Mutawalli late Shri Abdul Mueed, elder brother of the Appellant. The Respondent No. 1 – Abdul Majeed also issued an office order on 23.03.2015, appointing himself as Chief Mutawalli. The Respondent No. 1 issued letters on the basis of such declaration on 23.03.2015 to various authorities including Banks. It is in this background; the Appellant has sought declaration that the Respondent No. 1 is no longer Mutawalli under the Wakf Deed dated 28.08.1948 as amended from time to time on account of breach of his obligations under the said Deed and to issue a decree in nature of permanent injunction restraining Respondent No.1 to continue as Mutawalli of Hamdard. The Appellant also claimed that all decisions, orders issued by Respondent Nos. 1 and 2 jointly or severally after 20.03.2015 are null and void and of no effect.The Appellant filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code along with the suit claiming the following interimT o release the salaries and other dues of all the Mutawallis of HLI (including Defendant No. 4) from September, 2016 tillDirect all the banks as stated in para no. 2 of the application, to allow the plaintiff to operate accounts maintained by HLI as sole signatory in his capacity as ChiefAn order directing the defendants no. 1 and 2 to handover the password of the domain name www.hamdard.com, www.hamdard.in and www.hamdardindia.com and its e-mail server password to theDirect defendants no. 1 and 2 to disclose and handover the ERP (Enterprise Resource Planning) Admin ControlPass any other or further relief(s) which this Hon?ble Court may deem fit and proper in the facts and circumstances of the case.On the other hand, Asad Mueed son of the previous Chief Mutawalli Abdul Mueed, sought removal of Appellant- Hammad Ahmed and his son Hamed Ahmed from the position of Mutawallis of Hamdard in the suit (Civil Suit No.162/2017) filed by him. The Defendant No. 4 in the said suit is Abdul Majeed, respondent No.1 herein, the elder son of the last undisputed Chief Mutawalli Abdul Mueed who died on 19.03.2015. The removal of the Appellant and Respondent No. 3 was sought inter alia on the ground of malfeasance and misfeasance of the affairs of Hamdard.The learned Single Judge decided the Interlocutory Applications filed by the parties in their respective suits on 25.10.2017, whereby IA No. 4331 of 2017 filed by Respondent No. 2 in suit filed by him was dismissed, whereas, IA No. 5860 of 2017 filed by the Appellant was allowed inter-alia observing as under:At the time of disposal of interim applications, only prima facie view of the matter is to be taken. On perusal of the various clauses of the Trust Deed, it can be inferred, at this stage, that the senior-most male descendant in the line of succession (of Wakif Mutawalli) is prima facie entitled to be appointed as Chief Mutawalli. It is not in dispute that presently the second defendant is the senior most male descendant in the line of succession of Wakif Mutawalli. It is fairly admitted by the defendants that the second defendant would remain Chief Mutawalli during his life time and after that, it can devolve upon the plaintiff in terms of the clauses of the Trust Deed. Clause 3 is very specific and categorical in this regard. It cannot be interpreted that the male descendant in the line of succession would be that of the Chief Mutawalli to be appointed as Chief Mutawalli. This interpretation will lead to the conclusion that the office of Chief Mutawalli would always remain in the family of the plaintiff to the exclusion of the second defendant and his family members for all the time to come.I find no substance in the arguments that the succession to the office of Chief Mutawalli must devolve by the rule of lineal7. In view of observations above, the defendants No. 1 & 2 are directed to hand over the password of the domain name www.hamdard.com, www.hamdard.in and www.hamdardindia.com and its e-mail server password to the plaintiff. They shall also disclose and handover the ERP (Enterprise Resource Planning) Admin Control Password.The learned Single Bench also did not find any merit in the argument that the Appellant has incurred disability on account of pending criminal cases against him in terms of Clause 6 of the 1973 Wakf Deed, as amended on 26.6.1973. The learned Single Bench held that mere pendency of criminal proceedings cannot debar the Appellant to be appointed as Chief Mutawalli as the disqualification as per Clause 6 (2) of the Deed is conviction of an offence involving moral turpitude alone for disqualification. The relevant clause reads asspite of the fact that a person has a right to be appointed as a Mutawalli under Clause Four herein, the Majlis-e-Ayan shall have the authority by a Special Resolution, to refuse to appoint such person as a Mutawalli or in the event of such a person having already been appointed as a Mutawalli, to remove or suspend him from office,He is a minor or insane or by reason of lack of education, experience or old age and weak health is unable satisfactorily to perform his duties as aHe is dishonest, addicted to alcohol, gambling or has been convicted of some crime involving moral turpitude;….T wo First Appeals were preferred by the present Respondent Nos. 1 and 2. The learned Division Bench set aside the order passed by the learned Single Judge prima-facie finding that though the rule of primogeniture is not applicable as a rule of succession amongst Muslims but that is not a ground to overrule its application if provided in the testamentary or other document. The Division Bench reliedupon para 3 of the 1973 Deed that after the death of First Chief Mutawalli, the senior most male descendant in his line is to be appointed as Chief Mutawalli. The Bench recorded the following findings:This court is of opinion that Faqruddin (supra) is an authority that under Muslim personal law, lineal primogeniture does not apply. However, it nowhere states that lineal male primogeniture is prohibited-either in its application in a testamentary document, or in a trust. In fact in Faqruddin (supra), the spiritual nature of the office and the acceptance of the holder, by the congregation were proved; they were not in controversy. For these reasons, that primogeniture is not applicable as a rule of succession amongst Muslims, is not a ground to overrule its application if a given deed (testamentary or otherwise) so directs. Likewise, in Aruputham (supra), in fact the court upheld the applicability of the relatively simpler rule of succession through lineal male primogeniture, rather than through a more complicated generation by generation process of discerning who amongst a collegial body, was entitled to ?ambulatory? lineal primogeniture0. A complete reading of the provision (relating to succession) therefore, leads one to conclude that after the death of the first Chief Mutawalli, the senior most male in his line- and one who is also a Mutawalli, is entitled to succeed to the office. The last condition is important, because one might be the senior most male member; yet existing membership as a Mutawalli ensures that the wakf is spared the risk of experimentation and vagaries of administration by one alien to its governance. The last internal clue, which has assumed some importance in this case, is that during the tenure of a Chief Mutawalli (or any Chief Mutawalli) he is the President of the Majlis-e-Ayan?the descendant second in seniority to the Chief Mutawalli will be its. This condition is to be read along with the other two preconditions, because it occurs as part of the principle governing succession. The designation of a Nazir or Secretary, has to be of the ?descendant second in seniority to the Chief Mutawalli?. In other words, the successor to the office is also revealed during the lifetime of the holder, Chief Mutawalli, in the persona of the Nazir, who is second in seniority to the Chief Mutawalli.Some facts leading to the present appeals are - Hakim Hafiz Abdul Majid started the business of Hamdard as a sole proprietor in the year 1906. He died on 22.06.1922 leaving behind his wife Mst. Rabea Begum and two sons, Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed. These three executed a Deed on 28.08.1948 in order to manage the affairs of Hamdard. The Deed inter alia when translated in English recites asThere shall be at least one or maximum two Trustees (Mutwalli) and if there is one Trustee then he will be given fees of Rs.1 anna from special profit and if there are two Trustees then both will get from the income Rs. 1.5 anna as commission and this right will be beside the share of the family income which according to the terms of the Trust Deed will be obtained by the Trustee or Trustees from his forefather, but till the time owner no. 1 and 2 will remain as the Trustee of the Trust they will not be given any right under this section.Till the time we owners from this Trust, ownership No. 1 Haji Abdul Hameed and owner No. 2 Hakeem Hafiz Mohd. Sayeed is alive then we both will be Trustee of this Trust and all the rights regarding the management of the Trust will remain jointly and severally with both of us and this right will be received by both of us managers jointly. That we can appoint someone else as Trustee during our life time or we can include any other person to share the benefit of the Trust with compensation or without compensation and for making arrangement after our death we can appoint any person as a Trustee against the terms of the Trust Deed and we both the Trustees will have rights during our life time jointly and in the case that only one Trustee is alive then he will have this right alone to decide regarding that the above mentioned condition and the arrangement or way of distribution of the income and right of inheritance in the above Trust Deed in proper manner or to increase or decrees it. The Trustee or Trustees we will appoint under this section for doing our work through written agreement, after us only that persons can be appointed as Trustee. Right to remove the trustee which will be nominated and appointed by us will be there to us jointly or separately.In case of death of anyone of the Trustee then the deceased Trustee will be replaced by his eldest son and in case of death of the other trustee he will be replaced by his eldest son and if out of us the trustees anyone son is minor or he is not capable to fulfil the duties of the trustees then till that son becomes major and capable to fulfil the duties of trustees the sol trustee will manage all the works of the Trust alone. After we both trustees till the time whenever there will be two trustees of the trust, their right will be distributed by resolution by Majlis-e-Ayan, but the Majlis-e- Ayan will not have right to decide the rights or increase or decrease the right or to distribute rights of both the Trustees together or separately without any special reason or justification because of which both the trustees or anyone of them cannot perform his duties with full independence or properly.After us, and after the trustee or trustees who will be appointed as Trustees, the trustee of this Trust will be appointed from our sons who will be the eldest in the age and after that from son of our sons the eldest son will be appointed as Trustee and in this manner the appointment of the trustee of the trust will continue from our sons generation by generation and if no son is there from our children who is capable of managing and taking care of this Trust then out of the sons of our daughter, one will be appointed as the Trustee, and if the sons of our daughter are not capable to manage Trust, then from our children any such lady will be appointed as Trustee who has capability of trustee. God forbids out of our children any male or female who is capable to be appointed as trustee is not there then the Majlis-e- Ayan will have a right through the resolution they can appoint any non-family person as trustee who is capable to manage and increase the trust.Mst. Rabea Begum died on 5.10.1948, whereas, the other Trustee Hakim Mohd. Sayeed migrated to Pakistan in the year 1948. His interest was declared evacuee property on 06.08.1948. Subsequently, his share was purchased by Hamdard for the purpose of Wakf Quami, that is for charity on 22.06.1950. Thus, Haji Hakim Abdul Hamid became the sole surviving Wakif Mutawalli in terms of the 1948 Deed.The above said Wakif Mutawalli in the year 1964 appointed his two sons Abdul Mueed (born in the year 1935) and Hammad Ahmed (born in 1945) as Mutawallis. The Wakif Mutawalli has issued various declarations from time to time in respect of working of Hamdard. On the basis of all such declarations, a comprehensive declaration was issued on 02.07.1973 amending the 1948 Deed substantially. The amended Deed was countersigned by the Wakif Mutawalli on 26.6.1973. It may be stated herein that though the declaration and the countersignatures are of different dates but both documents are contemporaneous and almost containing similar recitals.The Appellant relies upon the declarations in the nature of amendments in the 1948 Deed carried on 02.07.1973 as to who should manage the affairs of the Wakf after the Wakif Mutawalli. The relevant extracts from the declaration issued by the Wakif Mutawalli read asIn exercise of the rights, powers and duties vested in me by the Wakf-Deed I had made some declarations for efficient and better management of the Wakf and for clarifications and interpretations and removal of doubts and difficulties and the said declarations have been enumerated as various appendices to the Wakf- Deed and now they stand merged and incorporated in the text of the relevant provisions and appropriate contexts for the sake of convenience. These declarations were made to meet the exigencies of time and situation and within the framework of the Wakf for the benefit of charity and advancement of charitable objects and compliance of the basic provisions of the Wakf.In view of the vast expansion in the activities of the charity for which the Wakifs dedicated, complex problems of modern management and for more efficient administration, control and fulfilment of the object of charity and to meet the requirements of the changing tax and other laws it has become necessary to make a further declaration for clarification, explanation, elucidation, alteration, removal of doubts and difficulties, if any, and for further exposition of the provisions and meeting the requirements of changing laws and safeguarding the objects of charity and the business of the Wakf which is for charity and for advancement of the charitable objects. Accordingly, I, in my capacity as sole Wakif- Mutawalli, do hereby declare on solemn affirmation regarding matters referred to above, effective fromxxx xxx Clause No. 1: This clause is substituted by the followingthe management of the Wakf there shall be at least one and at the most five Mutawallis including the Wakif-Mutawalli and the Chiefsenior most among the male descendants of the Wakif-Mutawalli who shall be holding an office of Mutawalli will be the Chief Mutawalli. After the Wakif-Mutawalli ceases to be Mutawalli, every Chief Mutawalli shall have the same rights and duties of administration of the Wakf and power of making regulations therefore as are provided in this Deed for the Wakif-Mutawalli and allocate rights and duties among other Mutawallis. With the exception of Wakif-Mutawalli, the remuneration of the Chief Mutawalli and Mutawallis for services rendered to the Wakf shall be such as may be decided upon by the Wakif-Mutawalli and after he ceases to be Mutawalli, by the Chief Mutawalli in case of Mutawallis, and the Majlis-e-Ayan in case of Chief Mutawallis. These remunerations will be decided upon after taking into account the nature of service rendered by each one of them and the extent of the activities of theabove remuneration of a Mutawalli will be in addition to the share of Khandani Income which may be due to him under this Wakf-Deed, except in the case of Wakif-Mutawalli Hakim Abdul Hameed. During the life time of Wakif-Mutawalli Hakim Abdul Hameed there will be no Khandani Income. He will be paid for services rendered Rs. 72,000/- a year or 7/64 whichever isse 3: This clause is substituted by the followingFirst Chief Mutawalli will be appointed by Wakif-Mutawalli. And thereafter the senior most male descendant in line of succession (of Wakif- Mutawalli) and then holding an office of Mutawalli will be the Chief Mutawalli. After the Wakif- Mutawalli, the division of rights and duties among the Mutawallis shall be made by the Chief Mutawalli for efficient working of the Wakf and the Majlis-e-Ayan shall have no right to disturb this division or render it difficult for the Chief Mutawalli or any of the Mutawallis to perform his or their duties to manage the Wakf satisfactorily and with proper freedom ofChief Mutawalli will be the Sadar (President) of the Majlis-e-Ayan and the descendant second in seniority to the Chief Mutwalli will be its Nazirse 42 :This Clause is substituted by the followingDuring the life time of Wakif Mutawallis there will be no Khandani Income. He will be paid for the services rendered Rs. 72,000/- a year or 7/64 of the net divisible profit whichever is less. The Khandani Income will arise and become payable only after the death of Wakif-Mutawalli as per ShariatMr. Abdul Mueed and Mr. Hammad Ahmad, sons of Wakif-Mutawalli Hakim Abdul Hameed, are nominated as his successors under the terms of this Deed. They are the two other Mutawallis of this Wakf appointed by the Wakif-Mutawalli. They will act as Chief Mutawallis and Mutawallis respectively. They will be paid salaries for services rendered to the Wakf as fixed by the Wakif- Mutawalli. This shall be charged to the profit and loss account of the Wakf. The salaries of other Mutawallis will be fixed by Wakif-Mutawalli/Chief Mutawalli. The salary of subsequent Chief Mutawalli will be fixed by Majlish-e-Ayan.?The 1948 Deed as countersigned on 26.06.1973 after incorporation of the amendments by Wakif Mutawalli has been appended as Annexure P .1. The relevant extracts from such amended document are asFor the management of the Wakf there shall be at least one and at the most five Mutawallis including the Wakif Mutawalli and the Chief Mutawallis. The senior most among the male descendants of the Wakif Mutawalli who shall be holding an office of the Mutawalli will be the Chief Mutawalli. After the Wakif Mutawalli ceases to be Mutawalli, every Chief Mutawalli shall have the same rights and duties of administration of the Wakf and power of making regulations therefor as are provided in this Deed for the Wakif Mutawalli and allocate rights and duties among other Mutawallis. With the exception of Wakif Mutawalli, the remuneration of the Chief Mutawalli and Mutawallis for services rendered to the Wakf shall be such as may be decided upon by the Wakif Mutawalli and after he ceases to be Mutawalli, by the Chief Mutawalli in case of Mutawallis, and by Majlis-e-Ayan in case of Chief Mutawalli. These remunerations will be decided upon after taking into account the nature of service rendered by each one of them and the extent of the activities of theabove remuneration of a Mutawalli will be in addition to the share of Khandani Income which may be due to him under this Wakf-Deed except in the case of Wakif Mutwalli Hakim Abdul Hameed. During the life time of Wakif Mutawalli Hakim Abdul Hameed there will be no Khandani Income. He will be paid for services rendered Rs. 72,000/- a year or 7/64 whichever is3. The First Chief Mutawalli will be appointed by Wakif Mutwalli thereafter the senior most male descendant in line of succession (of Wakif Mutawalli) and then holding an office of Mutawalli will be the Chief Mutawalli. After the Wakif- Mutawalli, the division of rights and duties among with Mutwallis shall be made by the Chief Mutawalli for efficient working of the Wakf and the Majlis-e-Ayan shall have no right to disturb this division or render it difficult for the Chief Mutawalli or any of the Mutawallis to perform his or their duties to manage the Wakf satisfactorily and with proper freedom ofChief Mutwalli will be the Sadar (President) of the Majlis-e-Ayan and the descendant second in seniority to the Chief Mutawalli will be its Nazir6. In spite of the fact that a person has a right to be appointed as a Mutwalli under Clause Four herein, the Majlis-e-Ayan shall have the authority by a Special Resolution, to refuse to appoint such person as a Mutawalli or in the event of such a person having already been appointed as a Mutawalli, to remove or suspend him from office,He is a minor or insane or by reason of lack of education, experience or old age and weak health is unable satisfactorily to perform his duties as aHe is dishonest, addicted to alcohol, gambling or has been convicted of some crime involving moral8. In the event of Wakif Mutawalli ceasing to be the Mutawalli of this Wakf, the general superintendence of the Wakf shall vest, subject to the terms of this Deed, in a Majlis called Majlis-e- Ayan. However, the Majlis-e-Ayan shall not interfere in the day to day administration of the Wakf. The rights and powers that have been reserved for exercise by the Majlis-e-Ayan shall be exercised by the said Majlis-e-Ayan only after the death of Wakif Mutawalli or when he ceases to be Mutawalli. This Majlis shall have a maximum of nine members nominated by Wakif Mutawalli including all the Mutawallis in office. The future vacancies will also be filled in by nomination by Wakif-Mutawalli in his life time and after his death by the members of the Majlis-e-Ayan from out of his heirs, legal representatives and all persons male or female who are entitled to a share in Khandani Income either in their own right or as rightful guardian of the minor beneficiaries. The Wakif Mutawalli after his ceasing to be Mutawalli and all the Mutwallis in office shall be ex-officio members of the Majlis-e-Ayan. They shall have all the rights and duties of the members of Majlis-e- Ayan including the right to vote.An ordinary meeting of the Majlis-e-Ayan shall, subject to the rules and bye-laws framed by it, be held at least twice a year. (Whenever) Whatever resolutions are passed by a majority of votes of members present at such meetings, the same shall be called ‘ORDINARY RESOLUTIONS?. The Chairman of the Meeting shall have the castingA. Mr. Abdul Mueed and Mr. Hammad Ahmed, sons of Wakif Mutawalli Hakim Abdul Hameed, are nominated as his successors under the terms of this Deed. They are the two other Mutawallis of this Wakf appointed by the Wakif Mutawalli. They will act as Chief Mutawalli and Mutawalli respectively. They will be paid salaries for services rendered to the Wakf as fixed by the Wakif Mutawalli. This shall be charged to the profit and loss account of the Wakf. The salaries of other Mutawallis will be fixed by Wakif Mutawalli/Chief Mutawalli. The salary of subsequent Chief Mutawalli will be fixed by Majlis-e-Ayan.The Wakif Mutawalli appointed his grandsons Abdul Majeed (eldest son of Abdul Mueed born on 23.12.1969) and Hamed Ahmed (eldest son of Hammad Ahmed born on 25.3.1977) as Mutawallis on 30.05.1995 as fourth and fifth Mutawalli. Haji Hakim Abdul Hamid, the Wakif Mutawalli died on 22.07.1999 that is after the amendments in the deed of Wakf.On 04.07.1995 the Wakif Mutawalli constituted Board of Mutawallis. Abdul Mueed was declared to be the Vice Chairman and his son Abdul Majeed as Secretary of the Board of Mutawallis. Such declaration reads asN OF THE BOARD OFWakif Mutawali, Chief Mutawali and Mutawali are consulting and discussing the affairs of the Hamdard Dawakhana (Wakf) both formerly and informally. Now two more Mutawallis, viz. Mr. Abdul Majeed & Mr. Hamid Ahmed eldest sons of Mr. Abdul Mueed and Mr. Hammad Ahmed respectively, are appointed as Mutawallis of the Wakf. They will be working from the day they assume theiris felt that the Board of Mutawallis should be constituted in the life of Wakif Mutawalli, which can be converted later into ?Majlis-e-Ayan? after Wakif Mutawali ceases of hold hisper clause 8 of the Wakf Deed of Hamdard Dawakhana, ?Majlis-e-Ayan? will be constituted in the event of Wakif Mutawalli ceasing to be Mutawalli of Wakf for the general superintendence of thethis order, I hereby constitute the board of Mutawallis for the Hamdard Dawakhana (Wakf) asHakeem Abdul Hameed (Wakif Mutawalli) :Mr. Abdul Mueed : ViceMr. Hammad Ahmed : SeniorMr. Abdul Majeed :Mr. Hamid Ahmed- can attend the meetings as an observer till he assumes office of Mutawalli.Abdul Majeed will be the Secretary of the Board of Mutawallis and he will issue the agenda and will record thethe absence of Wakif Mutawalli, Vice Chairman will preside over themeeting will be held initially fortnightly i.e. for about a year and subsequently the frequency will be reviewed. The Board of Mutawallis will supervise, monitor and review the functions of Hamdard DawakhanaBoard of Mutawallis will finalise and approve the budgets, working plans, projects and major policies which are not of routine inBoard of Mutawallis will also review the reports, budgets and plans of the Aid Receiving Institutions from HamdardBoard will start functioning from(Hakeem Abdul Hameed) WakifAfter the death of Wakif Mutawalli, Abdul Mueed as the Chief Mutawalli appointed Asad Mueed, his younger son born on 1.9.1973, as the fifth Mutawalli on 17.04.2000. It is said Asad Mueed, who is Plaintiff in Civil Suit No. 162 of 2017. Abdul Mueed died on 19.3.2015, leading to disputes between the parties.Sajid Ahmed son of Hammad Ahmed (born on 5.6.1978) was appointed as fifth Mutawalli on 14.4.2015 by Hammad Ahmed claiming himself to be Chief Mutawalli after the death of Abdul Mueed, the first and last undisputed Chief Mutawalli.

Court's reasoning:
37. We find that the order of Division Bench cannot be sustained.Thus, the nature of Hamdard was settled that it is not Wakf as is defined in the Wakf Act,1995 and that the property, movable and immovable, belonging to it would be deemed to be vested in its governing body.We do not find any merit in the argument that the consent of the parties in an appeal against an interim order passed on an application under Order XXXIX Rules 1 and 2 of the Code related to issues which are required to be framed after completion of the pleadings in a suit. The appeal was directed against interim injunction, therefore, the expression ?issue? used in para 3 of the consent order is not the issues in the suit, but the questions which arise for consideration at the ad-interim stage. The parties have agreed that the question of considerable importance relates to the appointment of Chief Mutawalli at the time of consideration of an interim application. Both the courts have examined the Deeds to consider as to whether the Appellant can be said to be Chief Mutawalli.The learned Single Judge held that the Appellant is a Chief Mutawalli by interpreting the Wakf Deed, whereas, the Division Bench has taken a different view. In fact, the Division Bench relied upon A. Aruputham case (supra) which was in respect of a construction of a Will relating to vesting of the estate of the testator-a Hindu Male. The said judgment is not applicable in respect of appointment of a Chief Mutawalli which is not a case of succession of the property of the deceased governed by Muslim personal law but appointment of successor under a deed executed by Wakif Mutawalli for the management of Hamdard. The question relates to construction of the Wakf Deed as amended in the year 1973 for the management of Wakf as to who shall have the right to manage the affairs of Hamdard and not the succession of an estate of the deceased. Therefore, we find that the Division Bench has wrongly relied upon A. Aruputham case (supra).The learned Division Bench referred to Faqruddin?s case (supra) that under Personal Law the rule of lineal primogeniture is not applicable as a rule of succession amongst Muslims, is not a ground to overrule its application if a deed (testamentary or otherwise) so directs. It is thereafter, the Division Bench has interpreted the amended deed of wakf and also the resolution of 04.07.1995 to hold that lineal male primogeniture is the rule of succession applied to the office of Chief Mutawalli rather than an uncertain collegial ambulatory lineal succession.The rule of primogeniture is not a rule applicable to the Muslims as per the Personal Law as held in Faqruddin?s case (supra). Therefore, the primary question between the parties relating to appointment of Chief Mutawalli has to be decided on the basis of construction of 1948 Deed and the amendments made in the year 1973 by the Wakif Mutawalli. The 1948 Deed is unambiguous that two brothers Haji Hakim Abdul Hamid and Hakim Mohd. Sayeed shall be Trustees and that in case of death of any one of the Trustee then the deceased Trustee will be replaced by his elder son and in case of death of other Trustee he will be replaced by his elder son (Clause 3 as reproduced above). Similarly, Clause 4 of the Deed is that the Trustees of the Trust will be appointed from their sons who will be eldest in age and after that from the sons of their sons, the elder son will be appointed as Trustee.The 1973 Deed is not a new document but includes amendments in the 1948 Deed based upon the declarations made by the Wakif Mutawalli from time to time compiled on 02.07.1973. Last page of document Annexure ?P-1? would show that it is not a new document but the document incorporating amendments which were counter signed by Wakif Mutawalli on 26.06.1973.We find that in the declaration dated 02.07.1973, in the first line there is a full stop after the word ?mutawalli? and thereafter, new line starts. But in the 1973 Deed (Annexure P-1), the full stop is missing. It appears to be an inadvertent omission as the Deed as amended in the year 1973 in the absence of full stop is not coherent and appears to be incomplete.The well-known principle of interpretation of document is that one line cannot be taken out of context. It is a cumulative reading of entire document which would lead to one conclusion or the other. Some of the judgments relevant for determining as to the principle of interpretation of documents are delineated hereinafter.Therefore, the entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli.The argument that the rule of primogeniture is explicit in the amended clauses of the 1948 Wakf Deed, as the eldest son and after his death his son has been given the preferential treatment than the other male descendants, is not tenable. The question is not succession in the matter of immovable property but line of succession for the management of Wakf.The Clause 1 of 1973 Deed is that the senior most among the male descendants of the Wakif-Mutawalli holding an office of Mutawalli will be the Chief Mutawalli. The Clause 3 of the same deed is that the First Chief Mutawalli will be appointed by Wakif Mutawalli thereafter the senior most male descendant in line of succession (of Wakif Mutawalli) and then holding an office of Mutawalli will be the Chief Mutawalli. Thus, at least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of Wakif Mutawalli shall be Chief Mutawalli.The argument that the constitution of the Board of Mutawallis on 04.07.1995 negates the argument raised by the Appellant that the senior most male descendant has to be the Chief Mutawalli and second in line as Nazir (Secretary). No doubt in the constitution of the Board on 04.07.1995, the second senior most male descendant was not nominated as Nazir (Secretary) but such fact alone will not negate the various provisions of the document which support the contention raised by the Appellant that it is the senior most male descendant who shall be the Chief Mutawalli. May be, Abdul Majeed was nominated as Secretary of the Board keeping in view his age and educational qualifications but such action will not negate cumulative reading of the 1973 Deed.The action of the Wakif Mutawalli in nominating the senior most male descendant Abdul Mueed and his younger son-the Appellant as Mutawallis in terms of 1948 Deed shows that his both lines of successors were treated equally. After the composition of the Board of Management was increased to five after amendment in the year 1973, the Wakif Mutawalli appointed Abdul Majeed eldest son of the Abdul Mueed (born on 23.12.1969) and Hamed Ahmed eldest son of the Appellant (born on 25.03.1977) on 30.05.1995 as Mutawallis. On that day, Asad Mueed (born on 1.09.1973) younger son of Abdul Mueed but older in age than the Hamed Ahmed was not made Mutawalli. It was only on 17.04.2000 i.e. after the death of Wakif Mutawalli, he was made the fifth Mutawalli. If the line of management has to be in the hands of senior most male descendant of Abdul Hamid, the Wakif Mutawalli should have appointed Asad Mueed instead of Hamed Ahmed in the year 1995.1973 Deed is not a new document but the amended 1948 Deed by Wakif Mutawalli from time to time. Since, the Board of Trustees was contemplated to be five Mutawallis including Wakif Mutawalli or Chief Mutawalli, therefore, the induction of grandsons was not in order of date of birth but keeping in view the representations to both sons of the Wakif Mutawalli. Therefore, the 1948 Deed as amended does not show the applicability of principal of rule of primogeniture but equal representation to the heirs of both sons of Wakif Mutawalli.The judgment of Division Bench of Madras High Court in Secretary of State for India (supra) is consequent to the judgment of Full Bench reported as The Secretary of State for India in Council vs. Syed Ahmad Badsha Sahib Bahadur (1921) 14 L.W. 128 (F.B.. The Full Bench was examining the applicability of principle of res judicata in view of findings recorded in an earlier suit. It was held by the Full Bench that decision in the previous suit is not conclusive but is only evidence and it is open to the plaintiff to establish his title as against the Government. Consequent to the opinion of the Full Bench, the appeal was taken up for hearing on 09.05.1921. It was consequent to the opinion of the Full Bench; the appeal was taken up for hearing on 09.05.1921.The Division Bench held that plaintiff has proved that he is lawful successor by heredity right as the office cannot be enjoyed by several heirs in common, therefore, succession must be by lineal primogeniture. The said order does not support the argument raised by the respondent as it is not a single heir who is holder of the office. In fact, the Wakif Mutawalli has constituted a Board of five Mutawallis. Therefore, it is a body of Mutawallis which has been vested with the right of management of Hamdard and senior most male descendant amongst them contemplated to be Chief Mutawalli.The argument that there is delay and laches on the part of the Appellant to dispute the existing mechanism of the management is again not tenable. The entire argument is based upon the constitution of the Board on 04.07.1995. Mere failure to dispute the constitution of Board would not mean that the 1948 Deed or 1973 Deed is rendered otiose. The constitution of the Board by the Wakif Mutawalli is in relation to the requirements of the Hamdard to carry out the functions of the Board but that does not rewrite the Rule of Succession contemplated after amendments in 1948 Deed in the year 1973.The argument that the Appellant is involved in criminal cases is again not relevant at this stage. 1973 Deed provided for disqualification of conviction in criminal case involving moral turpitude. None of the criminal prosecution launched against the Appellant have ended up in conviction, therefore, there is no disqualification attached to the Appellant at this stage.The grant of mandatory injunction is not prohibited even in Samir Narain Bhojwani case (supra). It has held that unless clear and prima facie material justifies a finding that status quo has been altered by one of the parties the order in mandatory injunction can be given.The ad interim mandatory injunction, is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the parties so as not to frustrate their rights regarding mandatory injunction.The argument that under Order XXXIX Rules 1 and 2 of the Code, the Court has the jurisdiction to maintain the status of the parties on the date of filing of the suit or on the date of passing of the order but cannot direct the parties to do something which was not in existence at the time of filing of the suit, is not a general rule of universal application. The nature of the orders claimed by the Appellant are not passed ordinarily in a routine manner as the Plaintiff is required to have a case which should be of higher standard than mere prima facie case. But in view of the agreement between the parties, as recorded by the Division Bench in an earlier round of litigation the primary question was agreed to be that who is to act as Chief Mutawalli. Both learned Single Judge and the Division Bench has examined such question only. Even, before this Court, the parties have argued primarily on the question as to who shall be Chief Mutawalli. Therefore, a prima-facie opinion would lead to consequential order in respect of management of the affairs of the Hamdard.