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Kasturbhai Manibhai Nagarseth Vs. Hiralal D. Nanavati - Court Judgment

LegalCrystal Citation
SubjectCivil;Tenancy
CourtMumbai
Decided On
Case NumberApplication in O.C.J. Appeal No. 88 of 1921
Judge
Reported inAIR1923Bom23(1); (1922)24BOMLR350
AppellantKasturbhai Manibhai Nagarseth
RespondentHiralal D. Nanavati
Excerpt:
.....involved directly a claim or question to or respecting property over rs. 10,000 as the monthly rent of the premises was rs. 275 and capitalised at twenty years' purchase the value of the property would be over rs. 10,000. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have recorded.....norman macleod, c.j.1. we think that in this case a certificate to appeal to his majesty's privy council must be granted. the plaintiff's seek to eject their tenant in order that they may occupy the premises themselves; while the tenant seeks the protection of the bombay rent act. the decree, therefore, allowing possession of the tenancy involves directly a claim or question to or respecting property over rs. 10,000, as the monthly rent of the premises is rs. 275 and capitalised at twenty years' purchase the value of the property will be over rs. 10,000.2. costs to be costs in the appeal.
Judgment:

Norman Macleod, C.J.

1. We think that in this case a certificate to appeal to His Majesty's Privy Council must be granted. The plaintiff's seek to eject their tenant in order that they may occupy the premises themselves; while the tenant seeks the protection of the Bombay Rent Act. The decree, therefore, allowing possession of the tenancy involves directly a claim or question to or respecting property over Rs. 10,000, as the monthly rent of the premises is Rs. 275 and capitalised at twenty years' purchase the value of the property will be over Rs. 10,000.

2. Costs to be costs in the appeal.


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