Case Details

Citation(s)
2018 SLG 2338 2018 SLD 2338 2018 PLJ 300
Supreme Court of Pakistan
Civil Appeals No. 542-L and 543-L of 2012, decision & hearing Dated: 22.01.2018. (Against the judgment Dated 29.10.2010 of the Lahore High Court, Lahore passed in C.Rs. No. 349 & 350/2004)
UMAR ATA BANDIAL, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Sardar Muhammad Aslam, ASC and Ch. Akhtar Ali, AOR for Appellant(s) (in C.A. No. 542-L/2012). Rana Ijaz Ahmed Khan, ASC for Appellant(s) (in C.A. No. 543-L/2012). Syed Iftikhar Hussain Gillani, Sr. ASC for
Respondent(s) (in both cases)

ALHAJ DEEWAN BAKHTIYAR SYED MUHAMMAD AND OTHER

VS

DEEWAN MAUDOOD MASOOD & OTHERS

Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185 (2)--Civil Appeal--Appointment of 26th Sajjadanashin of shrine of Baba Farid Ganj Shakkar (RA)--Customs & conventions--Suit for declaration against appointment of respondent as Sajjadanashin--Succession of Gaddi--Nomination--Effects--Appellant filed suit for declaration that appointment of respondent as Sajjadanashin was invalid and he should be restrained from acting as such--Trial Court decreed suit--Appellate Court reversed findings--High Court accepted revision petition and restored of trial Court--Challenge to--Appellant contended that during life time of previous Sajjadanashin, he had been appointed as Sajjadanashin--Validity--Relationship between previousSajjadanashin and appellant was sour and they had some litigation dispute going on during life time of late Sajjadanashin--It is evident from record that late Sajjadanashin in Qazaf proceedings initiated by wife of appellant had in very clear words expressed dismay at behaviour of appellant, condemning him for brining disgrace to entire family--It is established that at time of death of previous Sajjadanashin, appellant was not present beside him, he only came to know about demise through newspapers--Not only did appellant not attend Nimaz e Janaza of late Sajjadanashin but was also absent from his Qul and Chehlum--Nomination of successor is always absolute discretion of Sajjadanashin holding post--Appeals was dismissed. Terms & Phrases-- ----Sajjadanashin defined & distinguished--Sajjadanashin of a shrine is a spiritual guide, distinct from a mutawali who is manager or administrator of same--A Sajjadanashin may not necessarily be a mutawali which latter post is an exclusively secular post limited to matters of management of shrine alone, whereas on shoulders of Sajjadanashin rests responsibility of spiritual functions of guidance of mureeds and performance of rasoomaat etc, which require a person of outstanding character and one capable of leading community and inspiring mureeds. Deewan Ghulam Rasul v. Ghulam Qutab-ud-Din AIR (29) 1942 Lah. 142. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, CJ.- The dispute in these appeals with leave of the…
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