Page 1

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. 36921 OF 2013

Syed Gulzar Hussain & Others .. Petitioners

Versus

Dewan Syed Ale Rasul Ali Khan & Others .. Respondents

WITH

SPECIAL LEAVE PETITION (CIVIL) NO. 36923 OF 2013

AND

SPECIAL LEAVE PETITION (CIVIL) NO.36953 OF 2013

O R D E R  

K. S. RADHAKRISHNAN, J.

1. We are, in these cases, primarily concerned with the  

resolution of a dispute between the Dewan Sajjadanashin  

and  Khadims  of  the  Holy  Shrine  of  Hazrat  Khawaja  

Moinuddin Chishti at Ajmer with regard to the sharing of

Page 2

2

Nazrana offered by the pilgrims visiting the Holy Shrine.  

Petitioners submit that the High Court, while deciding the  

above  issue,  practically  framed  a  Scheme  for  the  

implementation  of  the  final  decree  dated  3.5.1933  (as  

amended on 29.1.1940) in Civil Suit No. 9 of 1929 passed  

by  the  Additional  District  Judge,  Ajmer-Merwana,  Ajmer  

which, according to the petitioners, was not warranted and  

beyond the scope of the decree.

2. Petitioners, who claim to represent the entire group  

of  Khadims,  it  is  seen  from  the  order  impugned,  

themselves wanted the Court to make some suitable and  

permanent arrangement for the purpose of implementing  

the decree.  Due to the long standing disputes between  

these two factions with regard to sharing of Nazrana, in  

fact, a proposal was mooted to appoint a Receiver, which  

the Executing Court as well as the High Court felt, it would  

not be in the best interest of all concerned and thought of  

making  some interim arrangement  with  the  junction  of  

Durgah Committee, a body constituted under Section 4 of  

the  Dargah  Khwaja  Saheb  Act,  1955.   The  powers  and

Page 3

3

duties of the Durgah Committee have been enunciated in  

Section  11  of  the  Act.   The  functions  and  duties  of  

Khadims also find a place in the bye-law no. 13 framed  

vide notification dated 16.10.1958 by the Committee in  

exercise of its powers conferred under Section 20 of the  

Act.  

3. The Durgah of Hazrat Khawaja Moinuddin Chisti, as  

already indicated,  is  a  holy  Shrine where,  every day,  a  

large  number  of  pilgrims/visitors  from  the  country  and  

outside, visit and offer their prayers and pay donations in  

the form of cash, kabarposh, implements, animals etc. at  

different places of Durgah for various religious purposes.  

Every day, certain rituals are also performed by Khadims  

within the Dome of the Shrine at the beginning, to the end  

and during the course of the day.  The decree passed in  

Civil  Suit  No.  9  of  1929  also  recognizes  the  rights  of  

Dewan in respect  of  offerings made at  the Durgah,  the  

details of which have elaborately been dealt with in the  

impugned  order  itself  and  hence  not  repeated.   The  

history  of  the  Holy  Shrine  as  well  as  the  rights  of  the

Page 4

4

Durgah Committee, Khadims and Dewan have also been  

dealt with by this Court in  Durgah Committee, Ajmer  

and Another v. Syed Hussain Ali and Others AIR 1961  

SC 1402.  Noticing the various directions contained in the  

decree,  as  well  as  the  judgment  of  this  Court  and also  

taking note of the request of the Khadims themselves, the  

High Court thought of making some suitable arrangements  

for  the  purpose  of  implementing  the  decree.    The  

following are the directions given by the High Court:

(i) As  regards  the  adjudication  of  the  rights  

contained in  para  A(ii),  it  is  directed  that  the  

Nazim on behalf of Durgah Committee shall take  

the custody of the offerings or presents of gold  

or silver vessels or implements or kabarposhes  

that may be offered by the visitors/pilgrims for  

the  use  of  Durgah.   The  Nazim  or  his  

representative shall  remain present  inside the  

dome of the shrine to collect such offerings and  

presents.    In  case,  the  Khadims/judgment  

debtors receive such offerings or presents from

Page 5

5

the visitors/pilgrims, they shall deposit the same  

in the office of the Nazim at the end of the day.  

It is needless to say that the office of the Nazim  

shall maintain regular accounts/records of such  

offerings/presents, and keep in safe custody till  

any decision is taken by the Durgah Committee  

for their disposal/use;

(ii) As regards the declaration of rights contained in  

para A(iii) and (iv), it is directed that there shall  

be  kept  iron  boxes  for  donations,  big  and  

sufficient  in  number,  at  different  places inside  

and  outside  the  dome  of  the  shrine,  more  

particularly at the pit near the grave inside the  

dome, to enable the visitors/pilgrims to put their  

cash/valuable  offerings  in  such  boxes.   Such  

boxes shall have the locks and the keys thereof  

would be kept in the custody of the Nazim;

(iii) The  Nazim  shall  hand  over  all  the  offerings  

deposited in such boxes kept outside the dome  

of the shrine to the Khadims as their perquisites.

Page 6

6

However, the offerings of animals or such bulky  

articles made at the steps of the shrine shall be  

divided by the Nazim between the Dewan and  

the Khadim respectively in equal shares, at the  

end of the day.  The Nazim in consultation with  

the  Durgah  Committee  shall  make  necessary  

arrangement for collection of such bulky articles  

at  the  gates/entrances  of  the  shrine  and  

Durgah;

(iv) So far as the offerings deposited in the donation  

boxes kept  inside the dome of  the shrine are  

concerned,  the Nazim,  at  the end of  the day,  

shall  maintain  accounts  and  divide  such  

offerings between the Dewan and the Khadims  

respectively in equal shares, irrespective of the  

spot  at  which  they  were  deposited  within  the  

dome.  Nazim may distribute such offerings on  

daily/weekly/  monthly  basis  after  keeping  

proper  accounts,  in  presence  of  the  

representatives of the Khadims and the Dewan.

Page 7

7

However,  the  Nazim  shall  hand  over  to  the  

Khadims, the offerings of all coins not exceeding  

two annas in value irrespective of whether they  

are  made  of  copper  or  any  other  metal  and  

cowries  and gold or  silver  articles  (other  than  

coins), of a value less than 8 annas and cotton  

cloth of inferior quality, and all offerings made  

between the hours of 4 A.M. to 4 P.M. on the last  

day of the Urs, as directed in the para A(iv) of  

the said decree;

(v) It is directed that the Nazim shall treat the cash  

or other offerings sent by post as the offerings  

made at the shrine i.e. within the dome, unless  

addressed specially to the Durgah Committee,  

the  Dewan or  the Khadims for  their  exclusive  

use, as directed in Para A(v) of the said decree;

(vi) It  is  further  directed  that  the  Khadims,  their  

agents  or  servants  shall  not  cause  any  

obstruction  either  to  the  Nazim  or  his  

representative,  or  the  judgment  creditor,  the

Page 8

8

Dewan or his representative, or any Member of  

the  Durgah  Committee  to  enter  and  sit  

inside/outside  the dome of  the shrine or   the  

precincts of the Durgah, and shall cooperate the  

Nazim in implementing the directions given by  

this Court;

(vii) The Nazim shall display notice boards in Hindi,  

English  and  Urdu  languages,  at  all  gates  of  

Durgah and at all visible and conspicuous places  

inside  and  outside  the  dome  of  the  shrine,  

giving instructions to the visitors/pilgrims to put  

cash/valuable  offerings  in  the  donation  boxes  

only  and  deposit  their  other  offerings  like  

kabarposhes,  gold/silver  articles,  implements,  

animals at the office of Nazim only.

(viii) It  is  clarified  that  the  Khadims  –  judgment  

debtors and the Dewan – the judgment creditor  

shall be at liberty to keep their duly authorized  

representatives, present on their behalf at the  

time when the donation boxes are opened, and

Page 9

9

their  shares  are  divided  by  the  Nazim.   The  

Nazim also shall be at liberty to nominate any  

other  person  as  his  representative,  with  the  

consultation  of  the  Members  of  the  Durgah  

Committee for the purpose of carrying out these  

directions,  in  case  of  his  inability  to  remain  

present on any particular day.

(ix) The Nazim shall  be at liberty to approach this  

Court  in  case  of  any  difficulty  found  in  

implementing the above stated directions;

(x) The Nazim shall be also at liberty to take help of  

the staff members and in case of need, help of  

police.”

4. Shri  C.A.  Sundaram,  learned  senior  counsel  

appearing  for  the  petitioners,  submitted  that  the  

petitioners  have  no  serious  objection  with  regard  to  

direction nos. (i), (v) and (vi), but raised some objections  

with regard to direction nos. (ii), (iii), (iv) (vii) and (viii).

Page 10

10

5. Shri F. S. Nariman, learned senior counsel appearing  

for the Dewan, submitted that the direction given by the  

High Court is an equitable one taking care of the interest  

of Khadims as well as Dewan and calls for no interference  

at this stage.   

6. Shri  Guru  Krishnakumar,  learned  senior  counsel  

appearing for the Durgah Committee, also took the same  

stand and submitted that the directions have been issued  

taking note of the interest of Khadims, Dewan as well as  

the  overall  interest  of  the  pilgrims  who  visit  the  Holy  

Shrine.

7. We are of the view that, in a situation like this, the  

Court will have to take note of the overall interests of the  

Khadims, Dewan and Durgah Committee, with the pilgrims  

at its central stage.  All the Khadims, Dewan and Durgah  

Committee, have got moral and legal obligation to account  

for the offerings made at the Holy Shrine,  whether it  is  

inside or outside the dome.  The Holy Durgah at Ajmer is  

one of  the  most  important  places of  pilgrimage for  the

Page 11

11

Muslims of India and persons following other religions also  

hold the saint in great veneration and a large number of  

non-Muslims visit the Durgah every year from the country  

as  well  as  outside.   The  main  objection  raised  by  the  

petitioners is that some of the directions given by the High  

Court are not workable in the sense, if the donations due  

to  the Khadims are put  in  boxes,  then it  would  not  be  

possible for the Khadims to find out, to which Khadim the  

pilgrims  have  given  a  particular  amount  by  way  of  

donation  for  doing  special  offerings  on  their  behalf.  

Further, it was pointed out that it is a customary practice  

that  the  pilgrims  directly  handover  the  amount  in  the  

hands  of  the  Khadims,  which  the  Khadims would  share  

with Dewan, for which, it was stated by the learned senior  

counsel appearing for the petitioners, that they will keep  

separate accounts and,  if  necessary,  in the presence of  

the Durgah Committee.   

8. We  may  indicate  that  a  pilgrim  who  goes  to  the  

Durgah and make donation, may be totally unaware as to  

how the donation is being divided between Khadims and

Page 12

12

Dewan.   Normally,  a pilgrim who makes an offering or  

makes any donation, expects the same to go to the Holy  

Shrine and its development and maintenance, not for the  

individual  benefit  of  either  the  Khadim  or  Dewan.    A  

pilgrim may give some amount directly either to Dewan or  

Khadim for his satisfaction if  they are offering a special  

prayer  on  his  behalf,  which  is  altogether  a  different  

aspect.   Necessity of proper accounting and transparency  

in the entire functioning of Durgah is highly necessary in  

the  larger  public  interest  with  regard  to  entire  amount  

received at the Shrine, whether it is inside or outside the  

dome or even the amount directly paid to the Khadims at  

the Shrine.  Khadims, it is stated, have to share also with  

the  Dewan  the  amounts  they  get,  hence  there  is  a  

necessity of the intervention of the Durgah Committee for  

the smooth and effective functioning of the Shrine, or else,  

constant disputes may crop up between both the groups,  

which is not in the best interest of the Holy Shrine.

9. In  such  circumstances,  at  this  stage,  we  do  not  

propose to make any modification in the directions already

Page 13

13

given by the High Court.  Let the directions given by the  

High Court be given effect to, pending final adjudication of  

these cases and the modifications, if any, required can be  

examined  later  when  the  matter  is  finally  adjudicated.  

The  status-quo order passed by this Court is accordingly  

vacated.  

…………………………J. (K. S. Radhakrishnan)

.….……………………J. (Vikramajit Sen)    

New Delhi, February 20, 2014.