DOI Page / Citation link:
https://doi.org/10.11588/diglit.4646#0011
11
any of them, and from intruding upon, possessing, occupying or
using, without the express consent of the said Jumat, any of the
said trust premises by, or for, himself, that Defendant, or any of his
family, followers, ov adherents, and from officiating therein, or to
officiate at, or celebrate any marriage, or contracts of Khojas,
which ought, according to their said usages or traditions, to be
celebrated before the Kazee of Bombay, or from seeking or
demanding or (save only for a sufficient consideration or else upon
the free and unsolicited offer of the giver thereof) accepting,
or receiving, from any Khojah, any money or property, under the
name of oblation, tax, gifts, alms, presents, or otherwise in his, the
Defendant's, alleged spiritual and temporal capacities aforesaid, or any
or either of them ; and that the other Defendants, other than, and
except the said Kazee of Bombay, Hubibhoy Ebrahim, Dhurumsey
Poonjabhoy, and Premjee Jewraz, may be in like manner restrained
from concurring with, or aiding or assisting or adhering to the last
named Defendant, in or attempting to give any effect or obedience
unto any such interferences, excommunications, expulsions, depi'iva-
tions, hindrances, impediments, denunciations, thrcatenings, endeavours
on matters last aforesaid, on the part of him, the Defendant, or of his
said servants."
Now as regards the opposite party, this prayer means nothing,
for they pay the Aga neither tribute nor obedience. On the
other hand, for this Court to interfere between him and his devoted
followers would be the same thing as for the Court of Chancery,
to interfere between an Abbot and his Monks ; that is wholly im-
practicable. As long as the Aga remains the recognised spiritual-
guide of the great majority of the Khojahs of Bombay, those who
remain in the caste, have parted with the right to seek the inter-
ference of the Court as against him. Those who choose can of course
leave the caste, and it would be a monstrous absurdity to pretend
that a few recalcitrant members of this long-established religious
community can come to the Court, and demand that the person, whom
they formerly almost worshipped, shall now be turned out, because
a few members no longer wish to obey him, or accept his teaching.
The point, therefore, which my learned friends have to establish for
the Plaintiffs is, the allegation, in the Bill, that the Khojahs were by
origin Sum's. I think it very important that that should be remem-
any of them, and from intruding upon, possessing, occupying or
using, without the express consent of the said Jumat, any of the
said trust premises by, or for, himself, that Defendant, or any of his
family, followers, ov adherents, and from officiating therein, or to
officiate at, or celebrate any marriage, or contracts of Khojas,
which ought, according to their said usages or traditions, to be
celebrated before the Kazee of Bombay, or from seeking or
demanding or (save only for a sufficient consideration or else upon
the free and unsolicited offer of the giver thereof) accepting,
or receiving, from any Khojah, any money or property, under the
name of oblation, tax, gifts, alms, presents, or otherwise in his, the
Defendant's, alleged spiritual and temporal capacities aforesaid, or any
or either of them ; and that the other Defendants, other than, and
except the said Kazee of Bombay, Hubibhoy Ebrahim, Dhurumsey
Poonjabhoy, and Premjee Jewraz, may be in like manner restrained
from concurring with, or aiding or assisting or adhering to the last
named Defendant, in or attempting to give any effect or obedience
unto any such interferences, excommunications, expulsions, depi'iva-
tions, hindrances, impediments, denunciations, thrcatenings, endeavours
on matters last aforesaid, on the part of him, the Defendant, or of his
said servants."
Now as regards the opposite party, this prayer means nothing,
for they pay the Aga neither tribute nor obedience. On the
other hand, for this Court to interfere between him and his devoted
followers would be the same thing as for the Court of Chancery,
to interfere between an Abbot and his Monks ; that is wholly im-
practicable. As long as the Aga remains the recognised spiritual-
guide of the great majority of the Khojahs of Bombay, those who
remain in the caste, have parted with the right to seek the inter-
ference of the Court as against him. Those who choose can of course
leave the caste, and it would be a monstrous absurdity to pretend
that a few recalcitrant members of this long-established religious
community can come to the Court, and demand that the person, whom
they formerly almost worshipped, shall now be turned out, because
a few members no longer wish to obey him, or accept his teaching.
The point, therefore, which my learned friends have to establish for
the Plaintiffs is, the allegation, in the Bill, that the Khojahs were by
origin Sum's. I think it very important that that should be remem-