KOBAD RUSTOMIJ Vs. NELLY RUSTOMIJ

JUDGEMENT

(1.) Parties are brother and sister. They have filed their pleadings. Issues have been framed. It is the contention of the defendantsister that the plaintiff's suit is barred by the Law of Limitation as seen from the plaint itself. The issue of limitation is to be decided as a preliminary issue under the provisions of Order XIV Rule 2 of the Code of Civil Procedure. It is accordingly framed. The Advocates of the parties have been heard upon the issue of limitation.

(2.) The suit is filed for accounts of the movable properties and assets left by the deceased Jerbai Rustomji Noble (the mother of the parties) and for administration of the same. The suit is also for a declaration that the plaintiff and the defendant are each entitled to half of the movable properties and assets of the deceased. The suit is further for a direction for the division of the properties and assets in equal shares between the plaintiff and the defendant and for the ancillary reliefs of making inquiries and passing orders for the aforesaid purpose.

(3.) It is clear that the suit is in respect only of movable properties. These properties are stated to be the ones left by the deceased/mother of the parties, forming her estate. They be administered by the Court for payment of an equal share to both the parties. The mother expired on 23rd May 1978. She died intestate. Her movable estate was to be administered within three years from that date. The plaintiff and the defendant are admittedly the only heirs. They are, therefore, admittedly entitled to half share in the estate, if any, of the mother.