Note: The rule of primogeniture is a law or custom that states the firstborn child inherits a deceased parent's property.

Facts/Background:

• Hammad Ahmed was the Appellant. He claimed to be the rightful Chief Mutawalli (trustee) of Hamdard Laboratories, appointed following the death of the previous Chief Mutawalli, Abdul Mueed, on March 19, 2015. Hammad asserted that as the senior-most male direct successor, he took over the position of Chief Mutawalli on March 20, 2015, issuing an office order to this effect.
• The Respondents, primarily Abdul Majeed (Respondent No. 1), are the sons of Abdul Mueed, the previous Chief Mutawalli and elder brother of Hammad Ahmed. Abdul Majeed claimed to have appointed himself as Chief Mutawalli on March 23, 2015, issuing orders and letters to banks and authorities asserting his position.
• The dispute arose following Abdul Mueed's death, as both Hammad Ahmed and Abdul Majeed claimed the position of Chief Mutawalli. Hammad filed a civil suit to declare Abdul Majeed's claim invalid and obtain a permanent injunction preventing him from acting as Chief Mutawalli.
• Additionally, Hammad challenged the validity of any decisions or orders made by Abdul Majeed or his supporters after March 20, 2015, as null and void.
• Hammad Ahmed filed Civil Suit No. 211 of 2017 on May 8, 2017, seeking a declaration and injunction against Abdul Majeed. Meanwhile, Asad Mueed, Abdul Mueed’s younger son, filed Civil Suit No. 162 of 2017 on March 29, 2017, seeking to remove Hammad(Appellant) and his son Hamed from their Mutawalli positions, alleging malfeasance and misfeasance.
• On October 25, 2017, the learned Single Judge ruled on both partie's interlocutory applications, allowing Hammad’s application for control over certain domain names and Enterprise Resource Planning (ERP) passwords while dismissing Respondent No. 2's application.
• The Respondents appealed to the Division Bench on November 27, 2018 set aside the Single Judge's order. The Division Bench emphasised the rule of primogeniture in succession per the amended 1973 Wakf Deed, suggested that seniority within the family should determine the successor as Chief Mutawalli.
• The matter has reached the present Court, where it is challenging the Division Bench's decision because the amended Wakf Deed supported Hammad Ahmed's claim as Chief Mutawalli, irrespective of the rule of primogeniture.
  
  

Main Issue:

• Whether the Appellant Hammad Ahmed was entitled to discharge the duties of Chief Mutawalli of Hamdard Laboratories (India) following the death of the previous undisputed Chief Mutawalli, Abdul Mueed? (Paragraph 3)