C.M. LODHA, C.J.—This is a special appeal under sec. 18 of the Rajasthan High Court Ordinance from the judgment and decree dated August 9, 1974, by the learned Single Judge, whereby the learned Judge allowed the appeal filed by the plaintiff Syed Ilmuddin and set aside the judgment and decree dated Dec. 14, 1970, passed by the Civil Judge, Ajmer, in Civil Suit No. 271 of 1948 and granted "a declaratory decree in favour of the plaintiff against the defendant to the effect that so far as nearness in propinquity to the last Sajjada Nashin is concerned, the plaintiff is the rightful person entitled to hold the office of the Sajjada Nashin of the Dargah Khwajah Sahib of Ajmer and that Hakim Inayat Hussain had no right or title to hold the said office as against the plaintiff.

2. The case has a chequered history inasmuch as the suit was filed as far back as May 18, 1948, in the court of the Sub-Judge, First Class, Ajmer. It was dismissed on May 9, 1951, on the preliminary ground that the suit was not maintainable in view of sec. 119 of the Ajmer Land and Revenue Regulations. Aggrieved by the judgment and decree of the trial court, the plaintiff filed appeal to the District Judge, Ajmer, w

Click Here to Read the rest of this document