BRIJMOHANLAL RATHI Vs. GITA DEVI RATHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 26/08/1988 passed by the learned single Judge on an application of the respondents/defendants under O. VII, R. 11 of the Code of Civil Procedure, inter alia praying for revocation of the leave granted under Cl. 12 of the Letters Patent. By the said judgment and order, the learned single Judge allowed the application of the respondents and dismissed the suit on the ground that it was a suit for land, which is situate beyond the jurisdiction of this Court.

(2.) To appreciate the contentions raised in this appeal, it is necessary to summarise the case made out by the plaintiff in the plaint. According to the plaintiff, he was a partner along with some other defendants and one Ganeshlal Rathi of a partnership-firm named Venkatesh Steel Co. Out of the funds of the firm a building and land was purchased at 7 Hanuman Road, New Delhi for and on behalf and account of the said firm. Although the said premises stood and stands registered in the name of Ganeshlal Rathi (since deceased), the said premises were and are in fact an asset of the firm. The firm was dissolved by a deed of dissolution. Under the said deed, the plaintiff became entitled to, inter alia, the said premises. The respondents are in possession of the said premises in trust and for the benefit of the plaintiff. The respondents are denying and or interested in denying the right, title and interest of the plaintiff in the said premises.

(3.) On the basis of the allegations contained in the plaint, the plaintiff has made, inter alia, the following prayers :