JUDGMENT - Chagla, C.J.

(1)This appeal raises a question of jurisdiction of this Court to try a suit tiled in this Court. The learned Judge below held that as the subject-matter of the claim was below Rs. 25,000, the High Court had no jurisdiction and that the suit should have been instituted in the City Civil Court which has now been invested with jurisdiction to try suits up to Rs. 35,000 which were at one time triable by the High Court on its Original Side. It may be mentioned that the plaintiff himself valued the relief sought by him at more than Rs. 25,000.

(2) The plaintiff is a tenant of a room on the third floor of a property known as Mazda Mansion situated at Warden Road, and the plaintiffs case is that his tenancy comprises in addition to the flat on the third floor a terrace and a room on the terrace which is above the third floor. The defendants purchased the property in question in May 1949 and the plaintiffs grievance in the suit is that by various acts the defendants deprived the plaintiff of the use and enjoyment of the terrace and the room on the terrace. The plaintiff says that in the first Instance the defendants locked the room of his flat from inside which led to

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