SONU HAMADE Vs. KULDEEP SINGH & ORS

JUDGEMENT

(1.) This is a suit filed by Ms. Sonu Hamade for partition and rendition of accounts. The suit has been filed against her father Mr. Kuldip Singh and brother Mr. Prabjot Singh, who are resident of K-14, Hauz Khas, New Delhi as also of USA. The Plaintiff is also a resident of USA. It is the Plaintiff's case that she is the daughter of Mrs. Aneel Kaur and Mr. Kuldeep Singh. Her mother Mrs. Aneel Kaur was the owner of three immovable properties as mentioned in Schedule I to the amended plaint which reads as under:

(2.) As can be seen from the above listing of properties, two properties are located in Gurgaon and one property is located in New Delhi. It is the case of the Defendants that the Bijwasan property at item no. (b) above was merely a booking which was made, but the amounts in respect of the said booking have already been returned by the builder. So the property no longer exists for being partitioned. The further submission of the Defendants is that this Court lacks the territorial jurisdiction to entertain the present suit inasmuch as the two remaining immovable properties are located in Gurgaon and hence under Section 16 CPC, the location of the immovable property being outside Delhi, the suit is not maintainable. In view of this stand of the Defendants, on 6th December, 2016, this Court had framed the following preliminary issue:

(3.) The counsel for the Defendants relies upon Shiv Bhagwan Moti Ram Saraoji v. Onkarmal Ishar Dass and Ors, 1952 AIR(Bom) 365 to argue that insofar as the Delhi property is concerned, the same can no longer be treated as immovable property as the amount in respect of the same having been returned, it is only a money related issue. Thus, the only immovable properties are items no. (a) and (c), both of which are not located in Delhi.