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september 1987

Supreme Court of India · 1987-09-08

SYED SAULET HUSSAIN vs SYED ILMUDDIN & ORS.

Citation / case number
SC 1980/63249
Court
Supreme Court of India
Petitioner
SYED SAULET HUSSAIN
Respondent
SYED ILMUDDIN & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court upheld the hereditary nature of the office of Sajadanashin, affirming that it must be occupied by a descendant of the last office holder as per Section 21 of the Durgah Khawaja Saheb Act, 1955. The Court dismissed the appeal and Special Leave Petitions, ruling that the Governor's decision to recognize the plaintiff's son as the rightful successor was valid and that the Durgah Committee had the authority to appoint a Sajadanashin without being bound by customary succession rules. The Court emphasized that the selection of a suitable person could include candidates from the public, thus ensuring the office serves the devotees effectively.

SYED SAULET HUSSAIN vs SYED ILMUDDIN & ORS. · Niyam