DOSSIBAI FRAMJI MARKAR Vs. COOVERBAI HORMASJI MARKAR

JUDGEMENT

(1.) In this case the defendants, who were executors under the will of a Parsee gentleman named Framji Cawasji Marker, have assented to a certain annuity payable to the plaintiff and paid it for a period of fifteen years after the testator's death.

(2.) Then for the period between the 1 of June 1905 and 31 of July 1907, they did not pay. She accordingly sued them in the Presidency Small Cause Court for the arrears of annuity.

(3.) It is contended before us that the Small Cause Court had no jurisdiction to try the suit by reason of the prohibition contained in Section 19(k) of Act XV of 1882, which removes from the jurisdiction of that Court suits to enforce a trust.