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    <title>1946 (7) TMI 4 - BOMBAY HIGH COURT</title>
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    <description>A hereditary right to the office of Mutawalli was not proved, as the historical materials and pre-1818 sanads showed only appointments of individuals and no enforceable family inheritance against the successor sovereign. The plea of res judicata also failed because the earlier proceedings concerned fitness and removal, not a direct and substantial adjudication of hereditary title between the necessary parties. The later statutory scheme governing the Durgah Committee was likewise not read as recognising hereditary succession to the office. On these grounds, the hereditary claim was rejected and the respondent&#039;s position was upheld.</description>
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    <pubDate>Mon, 29 Jul 1946 00:00:00 +0530</pubDate>
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      <title>1946 (7) TMI 4 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276930</link>
      <description>A hereditary right to the office of Mutawalli was not proved, as the historical materials and pre-1818 sanads showed only appointments of individuals and no enforceable family inheritance against the successor sovereign. The plea of res judicata also failed because the earlier proceedings concerned fitness and removal, not a direct and substantial adjudication of hereditary title between the necessary parties. The later statutory scheme governing the Durgah Committee was likewise not read as recognising hereditary succession to the office. On these grounds, the hereditary claim was rejected and the respondent&#039;s position was upheld.</description>
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      <pubDate>Mon, 29 Jul 1946 00:00:00 +0530</pubDate>
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