NDLI: Hammad Ahmed Vs. Abdul Majeed & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Succession Rule of Primogeniture To the Office of Chief Mutawalli When not applicable
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Wakf Act, 1995 (43 of 1995) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Succession – To the Office of Chief Mutawalli – Rule of Primogeniture – When not applicable – One ‘HAM’ started the Hamdard Dawakhana as sole proprietor – Died leaving behind his wife and two sons, ‘AH’ and ‘MS’ – These three executed Deed in 1948 to manage the affairs of Hamdard – ‘AH’ became the sole surviving Wakif Mutawalli in terms of the 1948 Deed – In 1964, the Wakif Mutawalli appointed his two sons ‘AM’ and ‘HA’-appellant as Mutawallis – Wakif Mutawalli issued various declarations from time to time for working of Hamdard – On the basis of such declarations, a comprehensive declaration was issued in 1973 amending the 1948 Deed – Wakif Mutawalli died – ‘AM’ became the Chief Mutawalli –’AM’ died – Dispute between the parties as to who should discharge the duties of Chief Mutawalli of now Hamdard Laboratories (India) – Appellant filed suit inter alia for declaration that respondent no.1 is no longer Mutawalli under the 1948 Deed – Respondent No.2 also filed suit inter alia seeking removal of the appellant and his son as Mutawallis – Respondent nos.1 & 2 are sons of ‘AM’, elder brother of the appellant – Respondent No.2’s application u/Or.XXXIX, r.1&2 was dismissed while that of the appellant was allowed by the Single Judge holding that the seniormost male descendant in the line of succession of Wakif Mutawalli is prima facie entitled to be Chief Mutawalli– Division Bench applying the rule of primogeniture set aside the order holding that after the death of the Chief Mutawalli, the senior most male in his line and also a Mutawalli is entitled to succeed to his office – Held: Rule of primogeniture is not applicable to the Muslims as per the Personal Law – Entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli – At least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of Wakif Mutawalli shall be Chief Mutawalli – Action of the Wakif Mutawalli in nominating the senior most male descendant ‘AM’ and his younger son-the appellant as Mutawallis in terms of the 1948 Deed shows that his both lines of successors were treated equally – Since, the Board of Trustees was contemplated to be five Mutawallis including Wakif Mutawalli or Chief Mutawalli, therefore, the induction of grandsons (Respondent Nos.1 & 2 and the sons of the appellant) also was not in order of date of birth but keeping in view the representations to both sons of the Wakif Mutawalli (‘AM’ and ‘HA’) – Therefore, the 1948 Deed as amended does not show the applicability of rule of primogeniture but equal representation to the heirs of both sons of Wakif Mutawalli – Order of the Division Bench set aside and that of the Single Judge, restored – Code of Civil Procedure, 1908 – Or.XXXIX, rr.1&2 – Wakf Act, 1995 – Principle of interpretation of document. Code of Civil Procedure, 1908 – Or.XXXIX, rr.1&2 –Ad-interim mandatory injunction – Grant of – Held: Ad interim mandatory injunction is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the parties so as not to frustrate their rights regarding mandatory injunction.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 460
Petitioner	Hammad Ahmed
Respondent	Abdul Majeed & Ors.
SCR	[2019] 6 S.C.R. 402
Judgement Date	2019-04-03
Case Number	3382

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