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Kazi FaizuddIn Kazi AzimuddIn Vs. Kashinath Dada and anr. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtMumbai High Court
Decided On
Case NumberSpecial Civil Appln No. 1893 of 1964
Judge
Reported inAIR1966Bom215; (1965)67BOMLR892; ILR1966Bom469
ActsHyderabad Abolition of Imams and Cash Grants Act, 1955 - Sections 12
AppellantKazi FaizuddIn Kazi Azimuddin
RespondentKashinath Dada and anr.
Appellant AdvocateG.H. Guttal, Adv.
Respondent AdvocateA.V. Sawant, Adv. for ;R.W. Adik, Adv. and ;V.S. Desphpande, Asst. Govt. Pleader
Excerpt:
hyderabad abolition of inams and cash grants act (hyd. viii of 1955), section 1(2) - land granted as inam for performance, of kazat--whether such inam excluded under section 1(2).;land granted as inam for the performance of services of kazat i.e. the functions or office of a kazi, is not a grant to any institution or for the benefit of any institution and is, therefore, not excluded from the application of section 1(2) of the hyderabad abolition of inams and cash grants act, 1954.;shaikh omar v. mohammadji (1965) 67 bom. l.r. 815, referred to. - .....of inam and cash grant act 1954. it has abolished was urged on behalf of he petitioners was in inam kazat, an institution viz., as sub - section [2] on cash act by or for the benefit applications out institutions. this constitutions by the deputy commission the opinion that the kazat is not religious institution but that it is a community service. he therefore held that the inam had been abolished an that the inam land vested in the state with the effect from 1-7-1960. this order was confirmed in appeal by the state government.(2) the muntakhab shows that the inam has been granted for performing the services of 'kazat' according to blatt's urdu english dictionary 'kazi' mean 'the function or officer of a kazat' and some of the function of a kazi are officiating at marriages, keeping.....
Judgment:

Chainani, C.J.

(1) The petitioner was the holder of an inam land, which had been granted as Inam for the performances of services of Kazat. An inquiry was held by t he Deputy collector as the whole this inam was abolished b the Hyderabad political of Inam and Cash Grant Act 1954. It has Abolished was urged on behalf of he petitioners was in inam Kazat, an institution viz., as sub - section [2] on Cash Act by or for the benefit applications out institutions. This constitutions by the Deputy Commission the opinion that the Kazat is not religious institution but that it is a community service. He therefore held that the inam had been abolished an that the inam land vested in the state with the effect from 1-7-1960. This order was confirmed in appeal by the state government.

(2) The Muntakhab shows that the inam has been granted for performing the services of 'Kazat' According to Blatt's Urdu English dictionary 'Kazi' mean 'The function or officer of a Kazat' and some of the function of a kazi are officiating at marriages, keeping marriages records attesting divorce deeds et. It is not is dispute that these service wee not required to be performed in any particular place or in any mosque. Dargha or other institution. They could be performed at any place whereby they are required. The grant was not therefore to any institution or for the benefit of any institution. It was made to an individual as remuneration of the certain service to be rendered to community. The fact to be rendered to community. The fact to service to be performed were of a religious nature would not make it a grant for the benefit of rulings institution. The inam was therefore a community service inam as held by the deputy collector.

(3) This view is in accordance with the taken by the special civil Application No. 1114 of 1964 decided on 9th April 1965.

(4) The orders passed by the Deputy collector any by the state government are consequently correct.

(5) Rule discharged, No other as to costs,.

(6) Rule discharged.


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