AKBARALLY A ADAMJI PEERBHOY Vs. MAHOMEDALLY ADAMJI PEERBHOY

JUDGEMENT

(1.) This suit has a long history into which I need not enter. It comes before me now for hearing on exceptions and further directions on the Commissioner's report, pursuant to a decree of the appeal Court, slightly modifying a decree passed by Mr. Justice Madgavkar. I have heard very careful and detailed arguments on the report. The points that have been taken before me can conveniently be put under three heads. They refer to three clauses in the draft scheme placed before the Commissioner by the plaintiffs.

(2.) The first arises out of Clause 5 of the draft scheme which originally ran as follows:- 5. His Holiness the Mullaji Saheb of the Dawoodi Bohra Community and his successors in office shall be the sole Amin of the Mosque and shall by virtue of his office have the sole right to manage, control and regulate the conduct of the religious services and prayers to be performed or led thereat, and to appoint an Amil and Khadim therefor, in accordance with the tenets of the Dawoodi Bohra religion free from any interference or control on the part of the Board of Trustees or any trustee of the trust property. The ground floor and upper floors of the mosque shall be used as mosque and the adjoining rooms shall be reserved for the residence of the Amil and Khadim.

(3.) The Commissioner cut out the last portion of the clause: the portion begining with the words " free from any interference or control" to the end of the clause.