N.S. CHOPRA Vs. STATE

JUDGEMENT

(1.) THE question to be decided in the instant matter is as to whether the present case is maintainable in Delhi in respect of an immovable property situated in Faridabad. Before dealing with the aforesaid question, it will be pertinent to give a brief background of the case. The petitioner Sh. N.S. Chopra has filed a test petition (although in my view it ought to have been a LA case) claiming that Sh. Ranjit Chopra, his brother (deceased), was an ordinary resident of Faridabad, Haryana. The deceased had left behind immovable assets in the form of a residential flat at first floor rear portion of property No. 2286 Sector A, measuring 388.89 square yards (325.11 square metres) forming a part of Khasra No. 48/17, in the residential colony known as 'GREENFIELDS', Faridabad, Haryana. In addition to this, he had left behind certain bank accounts having some monies and some FDRs in Delhi. The petition was originally filed before the District Judge, Patiala House Courts, New Delhi who assigned the same to ADJ -I, New Delhi District, Patiala House Court, New Delhi. The petition was returned by the court of ADJ on the ground that the valuation of the property as shown by the petitioner himself was Rs. 21 lakhs and, therefore, the court held that it did not have the pecuniary jurisdiction to decide the case.

(2.) THEREAFTER the present petition was filed in the High Court. Notice was issued to the Chief Revenue Controlling Authority with regard to valuation of the immovable property in question who gave the report assessing the value of the property to be approximately Rs. 24 lakhs. Notice had simultaneously been issued to the standing counsel for the respondent/State.

(3.) THIS plea was refuted by the learned counsel for the petitioner stating that no doubt the deceased Sh. Ranjit Chopra was an ordinarily resident of Faridabad, but he had bank accounts in Delhi. Therefore, this court also has the jurisdiction to entertain the petition. The learned counsel for the petitioner has relied upon two judgments being Test Case No. 23/2006 titled Smt. Gita Bawa v. State and Ors., decided on 05.10.2007 and Smt. Kanta v. State and Anr. : AIR 1985 Delhi 453 to support his submission.