SALMA ASGARALI MAKATI Vs. SHABBIR SHAIKH

JUDGEMENT

(1.) This suit is essentially between 3 sisters and 1 physically challenged brother on the one hand and the 2 brothers on the other in respect of the administration of the estate of their deceased father. The relationship between the parties is admitted. The estate left by the father is also admitted. Defendant No. 3 is a partnership firm initially constituted by the father of the parties in which defendant No. 1 and the members of his family alone are at present carrying on business.

(2.) In the properties forming the part of the estate of the deceased respondent No. 1 to the Chamber Summons has been put in possession under certain agreements to Leave and Licence. These agreements have been entered into in 1994 and then in 1995. The licence fees payable under the agreement is determined as on the date of the agreement. Respondent No. 1 has continued in possession of the licenced premises all through. The licence fees have been increased from time to time. Receipts in respect of the payment of licence fees have been issued. These receipts also show enhanced amounts after the date of the initial licence. The application made in the Chamber Summons by the plaintiffs is for 2 fold reliefs. One is essentially for the determination of licence fees payable by respondent No. 1. The other relief is for paying off the share of the plaintiffs from the licence fees received.

(3.) Defendant No. 1, who is also one of the heirs and legal representatives of the deceased, joins in with the plaintiffs for receipt of the additional licence fees, but has opposed payment to be made to the plaintiffs. If the payment is made to the plaintiffs, it would also be made to defendant Nos. 1 and 2 as per the share each of them is entitled to. Joining with the plaintiffs in the plaint for the reliefs against the licencees, but not in paying off their shares therefrom appears prima facie to be perverse.