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1937 Supreme(SC) 91

Syed Altaf Hussain and others – Appellant
Versus
Diwan Syed Ali Rasul Ali Khan and others – Respondent


Advocates Appeared:
Dold, Douglas Grant, T.L. Wilson and Co., Mrs. J. Clark, W. Wallach , Sir Thomas Strangman, A.M. Dunne

Sir Shadi Lal:-

The dispute in this case relates to the distribution of the offerings made by the pilgrims to the tomb of Khwaja Moinuddin Chisti at Ajmer. The tomb in question, generally known as Durgah Khwaja Sahib, Ajmer, has for centuries past been a place of pilgrimage for devout Moslems; and the presents made by the pilgrims to the Durgah have led to frequent disputes between the Sajjada Nashin (called Diwan Sahib) on the one side, and the Khadims (servitors) on the other side. The Sajjada Nashin is a descendant of the Saint, while the Khadims are the descendants of the original disciples of the Saint. In September 1912, Diwan Sharfuddin, the predecessor of the present Sajjada Nashin, granted to the Khadims a perpetual lease of the Sajjada Nashin's share of the offerings made at the Shrine for Rs. 500 a year. For about ten years there was no controversy between the Sajjada Nashin and the Khadims about the division of the offerings. In 1922 Diwan Sharfuddin died and was succeeded by Diwan Syed Ale Rasul Ali Khan, who refused to recognize the validity of the lease granted by his predecessor in respect of the Sajjada Nashin's share of the offerings. His refusal resulted in the re










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