DOI Page / Citation link:
https://doi.org/10.11588/diglit.4646#0090
90
bay Jamat for 1835-36 and 1837 to which I will call your Lordship's
attention for they show that three properties, situated in Bombay, one
in Duncan road belonging to the Sirkar Sahebi were bought by the
Jamat and the proceeds handed over to Mohamed Kureem, the Aga's
agent, for transmission to the Aga. These entries appear in the
books as regular commercial transactions; it is evident the Jamat
considered that the properties belonged to the Aga, and that there-
fore they sent the price to him at the Durkhana, by his agent. Now
these are extremely important transactions, as they show clearly the
relations existing between the Jamat and Aga Khan; and from the
oral evidence we shall produce, your Lordship will find that this land-
ed propei-ty had been bought out of funds belonging to the Sircar
and of course if that is proved the Court will hold that the property
belonged to him just as much as if it had been bought by him person-
ally. The transactions are perfectly open, and business like as they
appear in the account books of the Jamat who do not there
pretend to hold such property as against the Aga. The officers
of the caste—and I call them so, because there is no attempt to show
that they have been put out of their offices—will prove that all the
caste property in dispute claimed by Aga Khan, properly belongs to
him, as having been bought out of the religious contributions made to
him by members of the Khojah and Momen sects.
The Judge : There is very great .absence of proof upon the part
of the x'elatoi's and plaintiffs with regard to the purposes for which
this property was purchased. I confess that the case of the plaintiffs
on that point was very weak iudeed.
Mb. Howard : Of the " Dussoon" one-tenth was payable to the
" Sha Salamut," the Aga himself, and two and a halt per cent, to the
" Pir" the title appropriated to his heir apparent. There were fees
payable on the marriage of Kojahs, and if they were not paid the
ceremonies were stopped. Our witnesses will tell your Lordship they
never would have made the offerings, except on the understanding that
they would go to the Pir. The separation in the caste commenced about
I the time when the Aga demanded his dues in 1829. The opjiosition
' party has always been small and vigorous : they comprised at first,
twelve persons, called popularly in the caste, the barbhaya (twelve
brothers). They commenced to ally themselves to the Soonies as a
party manoeuvre, just as the Federals in America made use of abolition
bay Jamat for 1835-36 and 1837 to which I will call your Lordship's
attention for they show that three properties, situated in Bombay, one
in Duncan road belonging to the Sirkar Sahebi were bought by the
Jamat and the proceeds handed over to Mohamed Kureem, the Aga's
agent, for transmission to the Aga. These entries appear in the
books as regular commercial transactions; it is evident the Jamat
considered that the properties belonged to the Aga, and that there-
fore they sent the price to him at the Durkhana, by his agent. Now
these are extremely important transactions, as they show clearly the
relations existing between the Jamat and Aga Khan; and from the
oral evidence we shall produce, your Lordship will find that this land-
ed propei-ty had been bought out of funds belonging to the Sircar
and of course if that is proved the Court will hold that the property
belonged to him just as much as if it had been bought by him person-
ally. The transactions are perfectly open, and business like as they
appear in the account books of the Jamat who do not there
pretend to hold such property as against the Aga. The officers
of the caste—and I call them so, because there is no attempt to show
that they have been put out of their offices—will prove that all the
caste property in dispute claimed by Aga Khan, properly belongs to
him, as having been bought out of the religious contributions made to
him by members of the Khojah and Momen sects.
The Judge : There is very great .absence of proof upon the part
of the x'elatoi's and plaintiffs with regard to the purposes for which
this property was purchased. I confess that the case of the plaintiffs
on that point was very weak iudeed.
Mb. Howard : Of the " Dussoon" one-tenth was payable to the
" Sha Salamut," the Aga himself, and two and a halt per cent, to the
" Pir" the title appropriated to his heir apparent. There were fees
payable on the marriage of Kojahs, and if they were not paid the
ceremonies were stopped. Our witnesses will tell your Lordship they
never would have made the offerings, except on the understanding that
they would go to the Pir. The separation in the caste commenced about
I the time when the Aga demanded his dues in 1829. The opjiosition
' party has always been small and vigorous : they comprised at first,
twelve persons, called popularly in the caste, the barbhaya (twelve
brothers). They commenced to ally themselves to the Soonies as a
party manoeuvre, just as the Federals in America made use of abolition