VidhiSangh

Supreme Court of India · 03/04/2019

HAMMAD AHMED versus ABDUL MAJEED & ORS.

[2019] 6 S.C.R. 402 · 2019 INSC 460

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored interim directions favouring Hammad Ahmed’s claim to act as Hamdard’s Chief Mutawalli. Reading the founding deed and its amendments cumulatively, the Court preferred the senior-most eligible male descendant holding office as Mutawalli over a claim based on lineal primogeniture. The ruling concerned management under the deed, rather than succession to a deceased person’s estate, and expressly preserved final adjudication of both suits on evidence.

Issues

  1. How the deed governed interim entitlement to the Chief Mutawalli’s office.
  2. Whether pending criminal cases disqualified the appellant at this stage.
  3. Whether mandatory interim relief was permissible.

Held

Result

Appeals allowed. Division Bench order set aside and Single Judge’s interim order restored, with the April 2015 banking arrangements additionally continuing as subsequently corrected. Final merits preserved; each side was to receive at most three months to complete evidence for expedited disposal.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 402.