Mumbai Court September 1908 Judgments

Haji Bibi Vs. H.H. Sir Sultan Mahomed Shah, the Aga Khan and ors.

Court: Mumbai

Reported in: 2Ind.Cas.874

Russell, J.1. Although in this suit no less than 128 issues have been raised, and the suit itself has attained the distinction of having taken up the longest time on record in these Courts, the real questions at issue are of a simple character, and are not more than two in number. The first of these questions is : Are the offerings made by the Khoja community of Bombay to the Aga Khan made to him for his sole use and benefit or for the use and benefit of certain members of his family? (2) Was the release of the 11th September 1901 made between Shamsudin, defendant No. 5, in his own right and as administrator of the estate of Jungi Shah of the one part, and defendant No. 1 of the other, a sham transaction or collusive and fraudulent, and is it binding upon the plaintiff?2. The plaintiff is the widow of Aga Moochool Shah, who was a son of Jallal Shah, who was a son of Hassanali, the first Aga Khan (hereinafter referred to as H. A.) The 1st defendant is the present Aga Khan, the 3rd son o...