DALJIT SINGH Vs. JOGINDER SINGH SEKHON

JUDGEMENT

(1.) This revision petition has been filed by the defendant against the order of the Additional Senior Sub-Judge, Patiala dated 5th August, 1983, dismissing his application for trying issues Nos. 1 and 2 as preliminary issues.

(2.) Briefly the facts are that Smt. Sukbans Kaur became a member of Anand Niketan Co-operative Society at Delhi. She was allotted a lease-hold plot No. B-II in Anand Niketan. Daljit Singh defendant was her brother. She executed a power of attorney on 1st July, 1964 in favour of her brother with regard to the said property. Later a house was constructed on that plot by the defendant. She instituted a suit for rendition of accounts of the expenditure made on the construction of the house and the amounts received from time to time from her or in her account from other persons looking after her other properties and of the income and expenditure of the property and for mandatory injunction directing the defendant to deliver to her the original power of attorney dated 1st July, 1964, the original lease deed dated 31st July, 1966 executed by and on behalf of the President of India in her favour and some other documents.

(3.) The suit was contested by the defendant who controverted the allegations of the petitioner and inter alia pleaded that the suit was not within limitation and the Civil Court at Patiala had no jurisdiction as the property was situated at Delhi.