HOMI NADIRSHA DAJI Vs. MANI NOSHIR SECRETARY

JUDGEMENT

(1.) THIS Originating Summons is for the determination of the two questions:

(2.) THE facts are not in dispute. The said Cawas Nadirsha Daji died at Bombay on 23rd February, 1979 leaving him surviving his three brothers and two sisters. The said Cawas Nadirsha Daji died intestate and each of the three brothers have 1/4th share and each of the two sisters have 1/8th share in the estate of deceased Cawas N. Daji. The Plaintiff is one of the brothers of deceased Cawas N. Daji and he applied for and obtained Letters of Administration of the property and credits of the deceased Cawas N. Daji on 30th March, 1981.

(3.) THE Plaintiff set out the above facts in his advocates' letter dated 21st July, 1980 to the Defendant and called upon the Defendant to pay the amount of Rs. 56,891.20 p. to the Plaintiff's advocate for being disbursed among the heirs of the deceased Cawas N. Daji as on intestacy, in accordance with the provisions of the Indian Succession Act as applicable to Parsees. The Defendant failed to give any reply to the said notice, nor did Defendant hand over the amount to the Plaintiff's advocates as demanded. The Plaintiff, has, therefore, filed this suit and has taken out the Originating Summons for determination of the question aforesaid.