JUDGMENT : BANERJI, J. 1. This is a reference by the District Judge of Allah-abad under section 646B of the Civil Procedure Code. He is of opinion that the suit was not cognisable by a Court of Small Causes, and that the Judge of the Small Cause Court at Allahabad in entertaining the suit exercised a jurisdiction not vested in him by law. The claim was for recovery of certain ornaments, or their value, upon the allegation that they were given to the plain-tiff's daughter-in-law, at her marriage, that, upon the death of the daughter-in-law, who died at the house of the defendant, her father, the defendant, appropriated the ornaments that the plaintiff's son, Data Din, the husband of the defendant's daughter succeeded to the property by right of inheritance to his wife, and that upon his death it passed to the plaintiff, his mother, as his legal representative, The value of the suit was Rs. 100. 2. The learned Judge is of opinion that the suit comes under article 28 of the second Schedule of the Provincial Small. Cause Courts Act, and is one “for the whole or a share of the property of an intestate.” We do not agree with the learned Judge, The article, in our opinion, contemplates a suit between rival claimants to the property of an intestate and applies to suits in which the claim is made to the whole or a share of the property of an intestate as such. This is not a suit of that description. With reference to a similar provision in section 6 of Act No. XI of 1865, it was held in Kapalee Bewah v. Keshram Kooch, [1869] II W.R., 93 that a suit by a widow as heiress of her deceased husband for personal property carried away by the defendants was not excluded from the jurisdiction of a Court of Small Causes. A similar view was held in Moneshur Mondul v. Kailash Nath Mondul, 7 C.L.R., 71. We agree with those rulings and are of opinion that this suit does not fall within the purview of clause 28 and was cognisable by the Court of Small Causes. For the above reasons we decline to interfere and direct that the record be returned.