DAGDU SAKHARAM Vs. TOTARAM NARAYAN

JUDGEMENT

(1.) We are obliged to Mr. A.G. Desai for his assistance in this appeal. It arises out of a suit which is described by the learned Subordinate Judge as a suit for the partition and separate possession of joint family property, consisting of lands, houses and movables.

(2.) The question before us is as to the Court which is properly vested with jurisdiction to try this suit. That depends upon the value of the subject-matter of the suit. The market-value of the share claimed by the plaintiff has been ascertained to be Rs. 5,600 and that sum is not now objected to on behalf of the defendants.

(3.) The First Class Subordinate Judge has returned the plaint for presentation to the 2nd Class Subordinate Judge, being of opinion that the suit falls within the jurisdiction of this latter official. Mr. Dandekar on behalf of the appellant urges that that is wrong, and that the suit properly belongs to the jurisdiction of the 1 Class Subordinate Judge himself.