IZZAT SULTANA SMT Vs. SABLR BLN YASRAB

JUDGEMENT

(1.) The petitioners herein are the wife and children of the respondent. They filed asuit-O.S. (SRNo.l2798/95)which was allotted to the II Asst. Judge, CityCivil Court, Hyderabad. The plaint was returned for presentation in proper Court, by an order dated 1-9-1995. The learned Asst. Judge took the view that in view of Section 7(c) and (d) of the Family Courts Act, 1984, the suit cannot be entertained by the Civil Court. On appeal, the learned Addl. Chief Judge confirmed the said order. The appellate Court held that Section 7(c) applies to the instant case and therefore the Family Court is the proper forum in which the suit has to be filed. Questioning this order, the present CRP has been filed.

(2.) Under Section 7(c), "a suit or proceeding between the parties to a marriage with respect to the property of the parties or either of them, falls within the exclusive jurisdiction of the Family Court". The suit sought to be filed by the petitioners is a suit for permanent injunction restraining the Respondent- defendant from interfering in any manner with the possession and enjoyment of the plaintiffs' right in respect of a premises known as 'Bin Try Souk Shopping Complex' Charminar, Hyderabad. It is the case of the petitioners-plaintiffs that by virtue of a family arrangement dated 29-11-1993, certain Mulgies in the Complex were allotted to each one of them and the defendant was allotted only two Mulgies and pursuant to this arrangement, the plaintiffs leased out the Mulgies to various tenants ever-since October 1994 and they have been receiving rents. It is alleged that the defendant, having developed an animosity towards the plaintiffs, went to the tenants and proclaimed his exclusive right over the suit property. Apprehending that the plaintiffs or their tenants will be dispossessed by the defendant, the suit was filed. I am not concerned with the merits of the suit or the question whether a suit of this nature falls within the purview of Sec.7(c) of the Family Courts Act, as held by the appellate Court. In my view, the answer to this question must be in the negative. It is not a suit confined to the wife and husband. The wife as well as the major children of the defendants are seeking an injunction on the footing that they have become owners of certain Mulgies pursuant to a family arrangement. The mere fact that the wife is also claiming exclusive rights over a part of the premises along with her children, does not bring the dispute within the fold of Section 7(c) of the Family Courts Act. The impugned orders of the Courts below are therefore set aside and the trial Court is directed to number the suiit if it is otherwise in order, subject to any objection that may be taken by the defendant as regards the maintainability ofjthe suit in so far as the 1st plaintiff is concerned.

(3.) The C.R.P. is accordingly allowed.