KHATIJA Vs. SHEKH ADAM HUSENALLY VASI

JUDGEMENT

(1.) In this suit the plaintiff, a Mahomedan female, prays that accounts may be taken of the properties and business of the deceased Tyebally Sheikh Adam and his firm, and their claims and liabilities may be ascertained, and an order may be passed for its administration by the Court, and the claims of the claimants to the said estate and effects according to Mahomedan law applicable to the Ismaili Daoodi Shiah Sect and according to the custom of the said Daoodi Bohora community may be ascertained, proper direction may be given for that purpose and her share according to the claim that may be ascertained may be separated from the said properties and handed over to her; and that an order may be passed for the appointment of a receiver for the management of the properties and business of the deceased Tyebally Sheikh Adam and his firm pending this suit.

(2.) The suit was valued at Rs. 130 for purposes of Court fees. In the 39th paragraph of the plaint she says that "although it is not possible to fix the exact value of the property of the firm of Tyebally Sheikh Adam or of his any other property, according to my belief it must come to Rs. 3,000,000. For the purpose of the jurisdiction of the Court the claim has, therefore, been valued at Rs. 3,000,000".

(3.) It is argued on behalf of the defendants that the suit has not been properly valued for the purpose of Court fees, and that the plaint should, therefore, be rejected. That contention has found favour with the lower Courts in Surat. The learned District Judge from whom this appeal is preferred says that "the appellant has treated her suit as an administration suit. It is not an administration suit. This is clear from the plaint. She claims her share in the property. The value of her share is Rs. 67,968-12-0, and stamp-duty should be paid on this amount. Deficiency to be made good within ten days". As the stamp-duty was not paid the appeal to the District Court was rejected.