Delhi High Court
Bharat Petroleum Corporation ... vs Umrao Finance And Leasing Pvt. ... on 2 September, 2014
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P.No. 93/2008
% 2nd September , 2014
BHARAT PETROLEUM CORPORATION LTD. ......Petitioner
Through: Ms. Neelam Jain and Mr. A.D.N.Rao,
Advocates.
VERSUS
UMRAO FINANCE AND LEASING PVT. LTD. & ANR.
...... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This petition under Section 115 of the Code of Civil Procedure,
1908 (CPC) impugns the order of the trial court dated 16.5.2008 by which
the trial court rejected the application filed by the defendant no.1/petitioner
for return of the plaint under Order VII Rule 10 CPC to the competent court
at District Bulandshahr, UP.
2. The facts as stated in the plaint show that disputes concern with
the property admeasuring 1807.55 sq. mtrs. Municipal No.1, Plot no. 1570,
CRP No. 93/2008 Page 1 of 5
adjacent to G.T.Road, Murari Nagar, Khurja, District, Bulandshahr. The
reliefs prayed in the suit are as under:-
"P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble court
may graciously be pleased to;
i) Pass a decree of declaration for declaring that the
defendants have no right to use, occupy the land/property
measuring 1807.55 sq. mtr. having Municipal No. 01
(Plot No. 1570) adjacent to G.T.Road, at Murari Nagar,
Khurja, District Bullandbdshahr after 24.12.2007 as the
lease for the above said land stands expired on
24.12.2007.
ii) Pass a decree for permanent injunction restraining the
defendant No.1 & 2 from entering, using and occupying
the land/property measuring 1807.55 sq. mtr. having
Municipal No. 01 (Plot No. 1570) adjacent to G.T.Road,
at Murari Nagar, Khurja, District Bullanbdshahr and
from running the retail outlet from the above said
land/property measuring 1807.55 sq. mtr. having
Municipal No. 01 (Plot No. 1570) adjacent to G.T.Road,
at Murari Nagar, Khurja, District Bullanbdshahr or from
creating any 3rd party interest or by allowing/running
retail outlet under their name or under any banner from
the and/property measuring 1807.55 sq. mtr. having
Municipal No. 01 (Plot No.1 1570) adjacent to
G.R.Road, at Murari Nagar, Khurja, District
Bullanbdshahr or from creating any 3rd party interest or
allowing/running retail outlet under their name or under
any banner from the land/property measuring 1807.55 sq.
mtr. having Municipal No. 01 (Plot No.1570) adjacent to
G.T.Road., at Murari Nagar, Khurja District
CRP No. 93/2008 Page 2 of 5
Bullandshahr."
3. In the plaint, the respondent no.1/plaintiff claims that the suit
property was purchased by the respondent no.1/plaintiff from defendant
no.2/respondent no.2 by way of sale deed dated 28.8.2006 and that the
petitioner/defendant no.1 does not have any rights in the suit property.
Petitioner/defendant no.1 on the contrary states that it is a lessee of the suit
plot since the year 1950 and in fact its position is protected by the U.P Urban
Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 as also the
lease executed in its favour by the respondent no.2/defendant no.2.
4. A reading of the cause of action as stated in the plaint
alongwith the relief clauses shows that rights which are claimed are with
respect to the property which is situated in Khurja District, Bulandshahr,
U.P. Effectively, the prayer-(ii) is to take possession of the suit property
though by using clever language only a permanent injunction is sought.
Prayer-(i) in the plaint is for declaration with respect to the rights in the
immovable property.
5. Section 16 CPC reads as under:-
CRP No. 93/2008 Page 3 of 5
"16. Suits to be instituted where subject-matter situate.-Subject
to the pecuniary or other limitation prescribed by any law, suits.-
(a) for the recovery of immovable property with or without rent or
profits
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or
charge upon immovable property,
(d) for the determination of any other right to or interest in immovable
property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or
attachment,
shall be instituted in the Court within the local limits of whose
jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for
wrong to, immovable property held by or on behalf of the
defendant may, where the relief sought can be entirely obtained
through his personal obedience, be instituted either in the Court
within the local limits of whose jurisdiction the defendant actually
and voluntarily resides, or carries on business, or personally works
for gain."
6. As per sub-section (d) of Section 16 CPC once there is sought
determination of rights in an immovable property, the suit has to be filed
where the immovable property is situated. In the present case, immovable
property is not situated within the territorial jurisdiction of the courts at
Delhi but of the courts of District Bulandshahr in UP.
CRP No. 93/2008 Page 4 of 5
7. A reading of the impugned order shows that the aforesaid vital
facts have not at all been touched upon by the trial court for deciding the
application under Order VII Rule 10 & 11 CPC.
8. In view of the above, petition is allowed. The impugned order
of the trial court dated 16.5.2008 is set aside. The suit plaint will be returned
to the respondent no.1/plaintiff for a date to be fixed by the trial court, for
being filed in the competent court at Khurja District, Bulandshahr, UP.
Parties are left to bear their own costs.
SEPTEMBER 02, 2014 VALMIKI J. MEHTA, J.
ib
