ADVOCATE GENERAL OF BOMBAY Vs. YUSUFALLI EBRAHIM

JUDGEMENT

(1.) This is a suit by the Advocate General ex-officio to establish certain charities in the community of the Dawoodi Borahs, who are Shiah Mahomedans of the Mustaalian Branch of the Ismaili sect. The principal defendant is defendant No. 3, His Holiness the Mullaji Saheb, who is the High Priest and Dai or head of the community. Defendants Nos, 1 and 2 merely claim to be his managers or agents, and are of minor importance in this suit.

(2.) The charity is denied. The contest largely turns on the exceptional position and powers which are claimed for the Mullaji Saheb, and as to how far they can be recognised and enforced in a Court of law consistently with the general law of the land. This in its turn involves a close investigation of the religious tenets of the community.

(3.) The suit relates to (a) a mosque building in Bohra Musjid street, (b) the tomb of Seth Chandabhoy Currimbhoy and the offerings placed there in a gulla or offertory box, (c) four immoveable properties purchased out of the surplus gulla funds, and (d) Badri Mahal, the Bombay residence of the Mullaji Saheb, which is alleged by the plaintiff to have been partly acquired by the aid of the gulla funds.