N.M. KASLIWAL, J. — Brief facts leading to this revision are that there is a famous Dargah Hazrat Qwaza Haji Mohammed Naramuddin at Fatehpur Shekhawati (hereinafter referred to as the Dargah)- Haji Nazamuddin was the founder and after his death his eldest son Nasaruddin became the Sejjadanasin and Mutwalli of the Dargah. After the death of Nasaruddin Najamuddin became second Sejjadanasin while he was a minor. Gulam Sarwar became the third Sejjadanasin and he also framed a scheme (Japta) in the year 1932 for the succession of the office of Sejjadanasin and Mutwalli in the Dargah. After the death of Gulam Sarwar the fourth Sejjadanasin was Gulam Nurul Hasan. According to Peer Gulam Naseer, who filed the present suit, he was nominated and appointed as Sejjadanasin during the life time of Gulam Nurul Hasan. According to the plaintiff, he was the daughters son of Gulam Nurul Hasan and he was nominated and declared the successor of Gulam Nurul Hasan on September 12, 1979 by a will, which was also registered on November 16, 1979. Gulam Nurul Hasan died on August 3, 1982. The present suit has been filed on August 6, 1982 by Gulam Nasir claiming himself as a Sajjadanasin and Mutwalli of the Dargah. The plaintiff being a minor has filed the suit through his natural father and next friend Shri Moujjam Ali. According to the plaintiff, he is a regularly appointed Sajjadanasin and Mutwalli of the Dargah and the defendant-non-petitioners were unlawfully interfering in his due discharge of his duties as Sajjadanasin. The plaintiff thus filed the present suit for injunction restraining the defendant-non-petitioners or their agents from entering the Dargah and not to disturb him in discharging his functions as Sajjadanasir. It has also been averred in the plaint that there were disputes among the successors of the founder of the wakf and the same were decided by judgment dated September 21, 1929 of the Chief Court of Jaipur State. The Wakf Act, 1954 came into force in Rajasthan and the Dargah was registered in 1967 with the Rajasthan Board of Muslim Wakf. Alongwith the suit an application for temporary injunction under Order 39 Rules 1 and 2 C.P.C. was also filed. Learned Munsiff by order dated December 3, 1982 granted an injunction in favour of the plaintiff and restrained the defendant-non-petitioners not to interfere in the religious duties to be performed by the plaintiff-petitioner like sitting over Gaddi, recite Kubbalis, to put Chadar etc. It was further directed that Rajasthan Board of Muslim Wakf will keep superintendence over the wakf property and wi(i also manage the same and will also furnish the statements of income and expenditure till the plaintiff becomes major or the final determination of the suit, which ever is earlier. Such accounts would be submitted annually or as and when demanded by the court. The defendants aggrieved against the aforesaid order filed an appeal. The learned Civil Judge, Neem-ka-thana by order dated August 28, 1986 allowed the appeal and set aside the order dated December 3, 1982 passed by the Munsif, Fatehpur. The plaintiff aggrieved against the order of the Civil Judge has filed the present revision.

2. It may be mentioned at this stage that the founder of the wakf did not lay down any principles to guide succession to the seat of Sajjadanasin in the Dargah. The Code (Japta) of 1932 was laid down by Peer Gulam Sarwar, who was father of non-petitioners Peer Gulam Jelanee, Abrar Ahmed, Waziru-ddin, Mohammed Arifam Gulam Mohiddin and also the father of the last Sajjadanasin Shri Nurul Hasan. Now, Peer Gulam Jelanee is claiming the right of Sajjadanasin on the ground of being the real brother of last Sajjadanasin Gulam Nurul Hasan. On the other hand, the plaintiff is the daughters son of Gulam Nural Hasan and is claiming the right of Sajjadanasin on account of being nominated and appointed as a Sajjadanasin by the last Sajjadanasin namely Gulam Nurual Hasan. The plaintiff is claiming the right on the basis o

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