NISHITA MHATRE, J.

( 1 ) THIS Appeal from Order has been filed against the order of the trial Court returning the plaint to the plaintiff, the appellant herein, under Order 7 Rule Id of the Coda of Civil Procedure for presenting the some before the proper Court. The trial Court has held that the suit was hot maintainable and the jurisdiction to decide the issues raised was only with Small Causes court Uunder section 28 of the Bombay Rant Act.

( 2 ) THE suil has been filed for the following reliefs: (a) that the Hon. bie Court be pleased to declare the Defendant and. hen family members as the trespassers in respect of structure admeasuring 6. 75 metres X 1. 6 metres equivalent to 10. 8 sq. metres equivalent to 108 sq. ft. or thereabouts, so made unauthorisedly in the compouno of Nagda Niketan, situated, lying and oeing at Hansoti Road, Cama lane, Ghatkopar, Bcmbay 400 086; (5) That defendant, her family members be directed by an order and decree to remove themselves alongwith all other goods, things and articles from the suit property cr any portion thereof and to hand over the vacant, quiet and peaceful. possession of the same to the Plaintiff; (c) that this Honble Court be