DOI Page / Citation link:
https://doi.org/10.11588/diglit.4646#0012
12
bered, because, after hearing the Plaintiffs' evidence, I believe an
attempt will be made to get rid of that responsibility. Mr Anstey,
in his opening speech, committed his clients to a still more uncompro-
mising profession of Suni faith than that made in the fifteenth
paragraph of the Bill, and which I read just now. He said that the
Shea practices and opinions of the old Khojah party are entirely new,
and due to the Aga's intrigues since his arrival in Bombay. Your
Lordship wilLremeniber that the main issue between the parties was
put by Mr. Anstey in these words : "If the Court is of opinion that
the Khojahs are Sunis, and that these institutions (the Khojah Jumat
Khana, &c.) are charitable institutions of a Suni chai-acter, your
Lordship will hold, that so far as the subject matter of this suit, and
the objects and purposes of it are concerned, that neither the Sheas,
Ismailies, or Imamians, are Mohamedans at all; just.as in the case
of a similar suit on behalf of Sheas, whom your Lordship was satisfied
were Mohamedans, in the sense of the term " Sheas" ; your Lordship
would hold, that the Sunis, seeking a part of a charity founded by
Sheas, were quoad the suit, no Mohamedans at all." That passage is
open to verbal, and even substantial criticism, but I accept it as a
statement of the issue really in dispute.
The Judge : That was in reference to the 15th paragraph of the
Bill which alleges that no Shea has any right to the benefits of the
property ?
Mr. Howard: Yes, my Lord. Then in another part of his speech
my learned friend said : " The Relators and their party claim to be
Moslems of the Suni faith, and descendants of Hindoos converted to
the Suni faith ; and to be Indian only in nationality, not in religion,
or law. Here is a plain case." Afterwards, your Lordship asked
Mr. Anstey this question .-—Do I understand you to be jorepared with,
affirmative proof, that these Khojah charities were instituted by per-
sons of the Suni persuasion for others of that persuasion ? To this
Mr. Anstey replied that he was so prepared ; and Mr. Scoble follow-
in",,said : " Wo can show that the Khojahs were Sunis." Now, my
Lord, I hold my learned friends to that allegation of the original
Suniism of the Khojahs, and to their admission, that they are bound
to prove it, as the foundation of their case. That is the main issue,
my Lord, although very little in the way of feet or argument lias
been brought to bear on it, either by Mr. Anstey or Mr. Scoble, who
bered, because, after hearing the Plaintiffs' evidence, I believe an
attempt will be made to get rid of that responsibility. Mr Anstey,
in his opening speech, committed his clients to a still more uncompro-
mising profession of Suni faith than that made in the fifteenth
paragraph of the Bill, and which I read just now. He said that the
Shea practices and opinions of the old Khojah party are entirely new,
and due to the Aga's intrigues since his arrival in Bombay. Your
Lordship wilLremeniber that the main issue between the parties was
put by Mr. Anstey in these words : "If the Court is of opinion that
the Khojahs are Sunis, and that these institutions (the Khojah Jumat
Khana, &c.) are charitable institutions of a Suni chai-acter, your
Lordship will hold, that so far as the subject matter of this suit, and
the objects and purposes of it are concerned, that neither the Sheas,
Ismailies, or Imamians, are Mohamedans at all; just.as in the case
of a similar suit on behalf of Sheas, whom your Lordship was satisfied
were Mohamedans, in the sense of the term " Sheas" ; your Lordship
would hold, that the Sunis, seeking a part of a charity founded by
Sheas, were quoad the suit, no Mohamedans at all." That passage is
open to verbal, and even substantial criticism, but I accept it as a
statement of the issue really in dispute.
The Judge : That was in reference to the 15th paragraph of the
Bill which alleges that no Shea has any right to the benefits of the
property ?
Mr. Howard: Yes, my Lord. Then in another part of his speech
my learned friend said : " The Relators and their party claim to be
Moslems of the Suni faith, and descendants of Hindoos converted to
the Suni faith ; and to be Indian only in nationality, not in religion,
or law. Here is a plain case." Afterwards, your Lordship asked
Mr. Anstey this question .-—Do I understand you to be jorepared with,
affirmative proof, that these Khojah charities were instituted by per-
sons of the Suni persuasion for others of that persuasion ? To this
Mr. Anstey replied that he was so prepared ; and Mr. Scoble follow-
in",,said : " Wo can show that the Khojahs were Sunis." Now, my
Lord, I hold my learned friends to that allegation of the original
Suniism of the Khojahs, and to their admission, that they are bound
to prove it, as the foundation of their case. That is the main issue,
my Lord, although very little in the way of feet or argument lias
been brought to bear on it, either by Mr. Anstey or Mr. Scoble, who