Bench: Prakash Tatia
S.B. Civil Writ Petition No.3452 /09
Mahesh Khoja & ors. vs. State of Raj. & ors.
& connected writ petitions ... JUDICATURE FOR RAJASTHAN AT
JODHPUR.
JUDGMENT
S.B. Civil Writ Petition MAHESH KHOJA & ORS Vs. STATE OF
1
No. 3452/2009
dispute that the settlors and the present assessee are Khojas and that, so far as the other provisions of the trusts as disclosed ... celebrate the 30th day of Imam Hussein Saheb every year in the Khoja Shia Jamat and on that occasion give such feast etc., as they
plaint, was ancestral property according to the laws and usages governing the Khoja community in Bombay, and, further, that the distinction, according to Hindu ... application to, or has ever been recognized, or acted on, by any Khojas in Bombay, and that plaintiff did not on birth
mixed law administered by this High Court to the two sects of Khojas and Cutchi Memons; and it was with that object in view that ... issue be approached, evidence confined to practices and customs of the Khojas could not really be relevant. Assuming that the Court had to enquire here
this suit the plaintiffs, who are the sons of Abdulla Datu, a Khoja, pray that it be declared that the properties mentioned in the plaint ... which have had an extremely disastrous influence upon the flourishing and wealthy Khoja and Meraon sects, and have gone far beyond any needed or hitherto
converted to Mohamedanism. The two welt known instances are the Khojas of Bombay and the Cutchi Memons. On account of the fact that the Khojas ... various parts of India, the question as to how far the Khojas and Cutchi Memons have adopted the rule of Hindu Law had naturally been
whether it was competent to the plaintiff according to the law governing Khojas, to enforce a partition in his father's life-time? That ... against the plaintiff-respondent, that is to say, they held that amongst Khojas a son cannot enforce a partition in his father's life
appellants at the enquiry were briefly these. The family belongs to the Khoja sect of Muslims and in the matter of succession the Khojas being ... governed by the Hindu law a Khoja is competent to make a will disposing of his property. According to them the Khan Bahadur executed
Hirbae v. Sonabae Rahimatbae v. Haji Jussap & case of the Khojas & Memons (1847) Perry ... Hirbae v. Sonabae Rahimatbae v. Haji Jussap and case of the Khojas and Memons (1847) Perry
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 ... Ismailis or Ismaili Shiahs, Hereditary Imam of the community known as the Khojas of Bombay and elsewhere in India and other countries and Titular Head
