GULAM MOHAMED YUNUS Vs. LALCHAND CHELARAM

JUDGEMENT

(1.) The point for determination in this Letters Patent Appeal is regarding the provisions of the Bombay Court-fees Act, 1959 under which the plaint in the suit should be charged.

(2.) The trial Judge as well as the Appellate Judge have come to the conclusion that the suit was falling under Article 7 of the First Schedule of the Court-fees Act, 1959, and that valuation was more than Rs. 25,000/- and as such the City Civil Court had no jurisdiction.

(3.) The dispute in this case related to the property in Kurla admittedly belonging to the two brothers Allarkhan Maulabax and Kallu Maulabax. Kallu died some 13 years before the suit leaving behind his widow Aishabai, the 2nd defendant. Plaintiff No. 2 Sheikh Abdul Kader happens to be her son. He has brothers and sisters. One of his sisters was married to Mohamed Yunus Allarkhan, the 3rd defendant. Plaintiff No. 1 is a minor, born of Yunus and Hussainbi, the 4th defendant. Plaintiff No. 1 claims under a will of Allarkhan to be his sole heir. There is not dispute that in the absence of such a will, his father and mother the third and fourth defendants will be preferential heirs to Allarkhan Maulabux.