HAMMAD AHMED versus ABDUL MAJEED & ORS.

HAMMAD AHMED versus ABDUL MAJEED & ORS.

The rule of primogeniture is not applicable. Succession to Chief Mutawalli must follow equal representation of both sons of Wakif Mutawalli as per cumulative reading of the 1948 Deed, amended in 1973. Senior-most male descendants in the line of succession holding office of Mutawalli should be Chief Mutawalli. Board formation did not alter this succession rule.

Parties
Appellant: Hammad Ahmed; Respondent No.1: Abdul Majeed; Respondent No.2: Asad Mueed
Jurisdiction
India
Judgment Date
03 April 2019
Procedural Posture
Civil Appeal / Appeal Against High Court Division Bench Order on Interim Injunction; Restoration of Single Judge Order
Outcome
Appeals allowed
Legal Topics
Succession to Office of Mutawalli, Rule of Primogeniture, Ad Interim Mandatory Injunction, Interpretation of Settlement Deeds
Succession Wakf Law Civil Procedure Succession to Office of Mutawalli Rule of Primogeniture Ad Interim Mandatory Injunction Interpretation of Settlement Deeds

Case Brief

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Parties

Hammad Ahmed

Appellant

Abdul Majeed

Respondent No.1

Asad Mueed

Respondent No.2

Procedural Posture

Civil Appeal / Appeal Against High Court Division Bench Order on Interim Injunction; Restoration of Single Judge Order

Legal Issues

  1. 1 Whether the rule of primogeniture applies to succession of Chief Mutawalli in Hamdard Laboratories (India)
  2. 2 Interpretation of Wakf Deed (1948) as amended in 1973 regarding succession
  3. 3 Entitlement to ad-interim mandatory injunction under Order XXXIX Rules 1 and 2 CPC

Ratio Decidendi

The rule of primogeniture is not applicable. Succession to Chief Mutawalli must follow equal representation of both sons of Wakif Mutawalli as per cumulative reading of the 1948 Deed, amended in 1973. Senior-most male descendants in the line of succession holding office of Mutawalli should be Chief Mutawalli. Board formation did not alter this succession rule.

Court Disposition

Appeals allowed

Orders

  • Order of Division Bench dated 27.11.2018 set aside.
  • Order of Single Judge dated 25.10.2017 restored.