JASPAL SAWHNEY Vs. JOGINDER SAWHNEY

JUDGEMENT

(1.) PETITIONER (original plaintiff) has prayed for leave under clause XII of the Letters Patent, 1865 to file the suit (L) No. 494 of 2014 against the defendants in this court. The defendants has opposed the prayer for leave under Clause XII of Letters Patent, 1865. Some of the relevant facts for the purpose of deciding this petition are as under: -

(2.) PLAINTIFF is son of the defendant no. 1 and is brother of defendant no. 2. Father of the plaintiff Mr. Kirpal Singh Sawhney expired in Mumbai on 6th August, 2008. It is case of the plaintiff that the plaintiff and the defendants are the only legal heirs of the said deceased Mr. Kirpal Singh Sawhney.

(3.) IN paragraph (20) of the plaint, it is averred by the plaintiff that the defendant no. 1 resides in Mumbai. Most of the assets of the deceased are in Mumbai. The agricultural land is at Muru -Janjira, District Raigad, one of the flat is at Gurgaon in Haryana State. It is averred that the material part of cause of action has arisen in Mumbai. This court will therefore on leave if granted under clause XII of the Letters Patent, 1865 will have jurisdiction to try and entertain the present suit.