N. SESHASAYEE, J.

1. Peace is omnipresent, yet it remains the most sought after. Merciful it is, to he who respects it; and sternly uncharitable to one who risks valuing it less. Its rules are straight and even, as it distinguishes not between the royalty and the laity. Paradoxically, the quest for peace invariably breeds conflicts among its seekers which a litigation typifies in a civil society. The Nagoor Durgah, a wakf, that manages the durgah of a 15th century Islamic saint Hazrath Syed Shahul Hammed Quadir Ali (being revered as Nagoor Andavar) and other Thakias and shrines finds itself in a centrifuge of litigations, and seemingly tests its bond with peace. Let peace be upon the Wakf.

2. The litigations here may be classified into two major folds. Before entering its arena, a preludial note on the durgah, may be of benefit:

Saint Hazrath Syed Shahul Hammed Quadir Ali, believed to be one of the descendants of Mohammed the Prophet, was an Islamic saint of the 15th century. He hailed from what we now know as Uttar Pradesh. He trained himself deeply in Islamic teachings and traditions, and possessed divine powers of healing. He had travelled extensively with his disciples and landed in Thanjavur as his final destination. There, his power of healing had a therapeutic effect on a Naik Ruler of the times named Achyuta Deva Raya and it helped him recover from his illness. The king in turn had donated vast stretch of lands to the saint in gratitude. The saint passed away sometime during the third quarter of the 16th century and in reverence to the holy and healing Saint, a durgha, was consecrated to him. This later came to be known as Nagoor Durgha which has since emerged as a pan-religious destination for pilgrimage.

The Saint was known to have remained a celibate. He had brought up a certain Sayeed Mohammed Yousuf Sahib of Lahore as his son. Yousuf Sahib (sometime spelt Eusof) had his descendants who later came to be known as Kaasu-Pangudaars. In simple English, they are sharers in 'kaasu' or money.

3. Then came to be filed a few suits involving the affairs of the Nagoor Durgha. The earliest scheme is stated to have been framed in 1888 and was subsequently modified. In between there was a suit filed by the Kasupangudars in O.S.45 of 1918 and another suit in O.S.1/1923 for framing a scheme. But in the context of the present case, the scheme framed in O.S.30 of 1946, a suit filed for framing a scheme under Sec.92 CPC before the then District Court at East Tanjore (Nagapattinam) is relevant. The scheme framed in O.S.30 of 1946 was challenged in A.S.289 of 1948 and A.S.576 of 1948 before this Court. This Court Vide its judgment dated 16-03-1955 modified the scheme framed by the District Court. This modified scheme is being worked till date.

4. The Scheme framed in O.S.30 of 1946 provided a three tier administrative set-up for managing the affairs of the Trust. They are: (a) A Board of eight hereditary trustees in whom, as per Clause 3 of the Scheme, “all properties movables and immovables, which belongs to or have been or may hereafter be given, dedicated or endowed shall vest” ; (b) An Advisory Committee of eleven members which included five members appointed by the Court; and (c) The Manager. The scheme refers to the Board of Trustees as ‘Nattamaigars’

5. One of the eight trustees would be the Managing Trustee and he will be elected from among the Board of Trustees. The Managing Trustee will hold the office for a period of three years. The trustees / Nattamaikars hold office for life, and in the eventuality of a vacancy arising to the office of the trustees, Clause 3 of the scheme itself provides that the said office will devolve on the next male heir in accordance with the custom prevailing in respect of such office in the dargah. The scheme however, is silent on what the prevailing custom was/is, or on the mechanism to ide