KALKHUSRU NANABHOY BHARUCHA Vs. DOSS MANECKSHAW BHARUCHA

JUDGEMENT

(1.) This is a petition for transfer to this Court of a suit being R.A.D. Suit No. 796 of 1983 filed by respondent No. 1 herein under the provisions of the Bombay Rent Act in the Court of Small Causes at Bombay and for a direction that on transfer the said suit should be treated as a suit filed on the Original Side of this High Court under Rule 62 of the High Court (Original Side) rules. The prayer for transfer has been made by invoking Clause 13 of the Letters Patent as also the provision of the Code of Civil Procedure.

(2.) The dispute relates to the estate of one Bai Navajbai D. Bharucha who died at Bombay on 24th May, 1918 leaving her last Will and Testament dated 6th March, 1912. Probate of the said Will was obtained by all the three executors on 3rd July, 1924. Unfortunately, all the executors expired without having fully administered the estate in question. Thereafter, petitioner No. 1 herein---one of the residuary legatees under the aforesaid Will---applied for and was granted in the year 1965 Letters of Administration de bonis non of the property and credits of the deceased Bai Navajbai which comprised of two immovable properties viz., "Bharucha Bungalow" and "Bharucha Building" situated at Gildar Lane, Tardeo, Bombay.

(3.) The respondents herein, who were donees and claiming under the Deed of Gift dated 4th October, 1956 of the 1/5 the share of their late father Maneckshaw (an executor and one of the residuary legatees of the Will of the said Bai Navajbai) filed in September 1968 Suit No. 640 of 1968 on the Original Side of this High Court against petitioner No. 1 herein, who was the Administrator de bonis non as also against petitioners Nos. 2 to 4 herein. This suit was for administration of the estate of Bai Navajbai by and under the orders and direction of this Court. There was inter alia a prayer for sale of the aforesaid two properties.