Mumbai Court December 1874 Judgments

Bai Mahkor Vs. Bulakhi Chaku

Court: Mumbai

Reported in: (1877)ILR1Bom538

Kemball, J.1. The suit in this case was instituted in the Court of the 2nd Class Subordinate Judge of Ahmedabad to obtain a decree declaratory of the right of the plaintiff to inherit the property of one Bai Adat, widow of Kirparam Veniram; the claim was valued at Rs. 99, and the plaint was written upon a stamped paper of the value of Rs. 10. The defendant denied the plaintiff's title and claimed to be himself the heir, and the Subordinate Judge found upon the merits that the plaintiff and defendant were co-heirs. Against this decision both parties appealed to the District Court, when the Assistant Judge, who heard the appeal, finding that the property left by the deceased exceeded in value Rs. 5,000, held that the Court of the Subordinate Judge, 2nd Class, had no jurisdiction to entertain the suit, and on this preliminary objection reversed the decree of the Subordinate Judge, and threw out the plaintiff's claim with all costs. The plaintiff now comes to this Court on special appeal a...