AIR 1987 SUPREME COURT 2213 ::3 SCJ 261 ::1987 SCC (Supp) 285 ::(1987) 3 SCJ 261 ::4 JT 509 ::(1987) 3 JT 509 (SC)

Supreme Court Of India

(From: AIR 1981 Raj 29)

Hon'ble Judge(s): O. Chinnappa Reddy, K. Jagannatha Shetty , JJ

(A) Durgah Khawaja Saheb Act (36 of 1955) , S.13— Shrine of Durgah Khawaja Saheb - Office of Sajadanashin - Right to succeed to - Suit to establish right by descendant of saint - Parties including Durgah Committee proceeding on basis that office is entitled to be claimed by descendants of saint establishing shrine by rule of primogenituer - Committee not asserting right to appoint person of its choice - Durgah Committee is bound by decision approving aforesaid position. Evidence Act (1 of 1872) , S.115— @page-SC2214 Where in a suit to establish right to succeed to the office of Sajadanashin to Durgah Khawaja Saheb the parties including the Durgah Committee which had got itself impleaded proceeded on the basis that the hereditary office of Sajadanashin is entitled to be claimed by descendants of the saint establishing the shrine by the rule of primogeniture and in doing so they had stated the obvious which had been recognised over the generations and Durgah Committee did not assert any right to make a choice of its own to the office in question, the Durgah Committee could not contend in appeal by special leave that it was not bound by the decision of the Courts below that the office of Sajadanashin was entitled to be claimed by descendants of the saint. In such a case, it was immaterial whether the decision was reached by consensus....