Sajjadanashin — Nature of office — Spiritual character — Distinction from Mutawalli
The office of Sajjadanashin is primarily spiritual in nature, involving religious functions such as guiding disciples, conducting ceremonies, and preserving spiritual lineage. It is distinct from the office of Mutawalli, which is secular and administrative. (Paras 35, 36)
Sajjadanashin — Succession — Mode — Custom, usage and nomination
Succession to the office of Sajjadanashin is governed by custom, usage, and nomination by the incumbent, rather than strict hereditary rules. Nomination by the existing Sajjadanashin is a recognized and valid mode of succession. (Paras 37, 38)
Khilafatnama — Validity — Nomination of successor — Proof
Where a Khilafatnama evidences conferment of spiritual authority and intention to appoint a successor, it constitutes valid nomination, even if the term “Sajjadanashin” is not expressly used, provided surrounding circumstances and evidence support such intention. (Paras 38, 41)
Evidence — Burden of proof — Allegation of interpolation/forgery
The burden of proving interpolation or forgery lies on the party alleging it. Mere suspicion cannot displace a duly proved document. Failure to seek expert examination or effectively challenge evidence is fatal to such plea. (Paras 41, 42)
Concurrent findings of fact — Interference — Scope under Section 100 CPC
Concurrent findings of fact recorded by Trial Court and First Appellate Court cannot be interfered with in second appeal unless shown to be perverse, based on no evidence, or suffering from legal infirmity. (Paras 31, 53)
Second Appeal — Substantial question of law — Requirement
High Court jurisdiction under Section 100 CPC is confined to substantial questions of law; absence of such question warrants dismissal of second appeal. (Para 31)
Power of Attorney — Nature — No conferment of succession rights
A General Power of Attorney merely creates an agency and does not confer succession or proprietary rights, nor can it operate as a mode of succession to a religious office. (Paras 46, 47)
Affidavit — Whether valid instrument of nomination
An affidavit, in absence of corroborative evidence and formal act consistent with institutional tradition, cannot be treated as a valid instrument for appointment to the office of Sajjadanashin. (Para 48)
Management vs. succession — Participation in affairs — Effect
Participation in management or religious activities of a Dargah does not establish succession to the office of Sajjadanashin. (Para 49)
Custom — Proof — Requirement
Custom governing succession must be established through evidence; however, where practice of nomination is admitted or proved, it governs succession. (Paras 37, 43)
Admission — Effect — Practice of nomination
Admission by a party regarding existence of nomination practice undermines contrary plea of rigid hereditary succession. (Para 43)
Scope under Article 136 — Interference with concurrent findings
Supreme Court ordinarily does not interfere with concurrent findings of fact unless there is manifest illegality or miscarriage of justice. (Para 54)
Relief — Appeals — Dismissal
Where no perversity or legal infirmity is found in concurrent findings, appeals are liable to be dismissed. (Paras 55, 57)
Result
Civil Appeals — Dismissed.
Interim orders — Vacated. (Paras 57, 58)
No comments:
Post a Comment