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1943 Supreme(Mad) 140

KING
Ramaswamy Gurukkal – Appellant
Versus
Sivasubramania Gurukkal – Respondent


JUDGMENT

King, J.

1. This petition raises a question of jurisdiction to try O.S. No. 532 of 1941 on the file of the learned District Munsiff of Udumalpet. The District Munsiff has held that he has jurisdiction to try the case and the first defendant has filed this revision petition against that decision. The suit was by the plaintiff for partition of a one-fourth share in the family estate. The market-value of the whole estate is Rs. 4,000. It was first argued on behalf of the petitioner that inasmuch as the decision of this suit will affect the whole of the family estate the principles of the ruling reported in Kadir Hussain Rowther v. Jamila Bi AIR1943Mad242 which deals with a case of the administration of the estate of a Mohammadan will apply to the present case, and whatever may be the correct court-fee payable, jurisdiction will be only with that Court which could try a suit, the subject-matter of which is worth Rs. 4,000, that is to say, the Subordinate Judges Court. It seems to me that I cannot extend the principles of Kadir Hussain Rowther v. Jamila Bi AIR1943Mad242 to a partition suit of the present kind. Interference with the whole estate is inevitable in an administration



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