SANJAY GOVIND GANJEKAR Vs. KRISHNA KASHIRAM MISTRI

JUDGEMENT

(1.) The Appellants (original Plaintiffs) have challenged the order of the learned Judge, City Civil Court, Mumbai dated 11th September, 2012 returning the plaint filed by the Appellants for presenting in proper Court. The Plaintiffs sued for a declaration claiming right, title and interest as heirs and legal representatives of the deceased tenant, their father. They have sued Defendant Nos.1 and 2 against whom they claim their right on succession as also against the developer and the Co operative Society in which the suit premises has been redeveloped.

(2.) The fact that the father was the tenant of the old premises is not disputed. The relationship between the parties is also not disputed. The Plaintiffs are two of the heirs being two of the daughters of the deceased tenant.

(3.) The claim of the Plaintiffs in paragraph 18 of the plaint over the suit premises, which was the premises tenanted by their father, is as the only surviving heirs and legal representatives of the deceased tenant and his deceased widow under the provisions of Hindu law of Succession. The averments in paragraph 18 expressly specify that the Plaintiffs are not claiming tenancy rights but are claiming rights under the Hindu Succession Act.