SHAHIDA SHARRIFF Vs. AMANULLAH

JUDGEMENT

(1.) Heard the learned Counsel appearing for the parties.

(2.) The AppellantsOriginal Plaintiffs have challenged order dated 15 October 2013 passed by the learned Judge of City Civil Court, Greater Mumbai, thereby returned the plaint for its presentation in the Small Causes Court, Mumbai by invoking the Order 7 Rule 10(2) of the Code of Civil Procedure, 1908 (CPC).

(3.) The Appellants are the sisters and Respondent No.2 is the wife of Respondent No.1. The Suit was filed in the year 2010 before the City Civil Court at Mumbai for declaration that the Respondents should not disturb the joint possession of the Appellants along with Respondents in the suit premises. The Suit was not for recovery of possession and/or relating to the recovery and/or rent and/or licence fee. There was no relationship of landlord and licensor and/or licensee between the parties. All the legal heirs of the deceasedtenant (the father of Defendant No.1 and the Plaintiffs).