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1928 Supreme(Mad) 137

VENKATASUBBA RAO
Mt. Amir Bi – Appellant
Versus
Abdul Rahim Sahib – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. A preliminary issue has been raised:

Has the Court jurisdiction to try the suit?

2. This involves a consideration of three points:

(1) Is this an administration suit?

(2) Is an administration suit a suit for land?

(3) If it is held that it is not, can the Court, in such a suit, where the land is wholly outside jurisdiction, decide questions of title to such land?

3. I shall first deal with the question : "Is this an administration suit?" Abdul Razaak Saheb, a Mahomedan, who was trading in Madras, died in 1920, leaving large assets consisting of moveables within the city and a few items of immoveable property wholly outside "this Courts jurisdiction. In this suit, which his widow has brought, she asks that the extent of Abdul Razaaks property may be ascertained, that his outstandings may be realised, that his estate may be administered, that her mahar may be paid and that the residue divisible among his heirs may be divided according to their shares under the law. These are, in short, the reliefs claimed in the plaint. Her children, as the heirs of their deceased father, have been impleaded as defendants 3 to 6. The plaintiffs case is, that the children of A































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