‘X’ wants to bring a partition suit in respect of two houses one situated at Patna and the other situated at Muzaffarpur. In which place or places the suit may be instituted?

Question: ‘X’ wants to bring a partition suit in respect of two houses one situated at Patna and the other situated at Muzaffarpur. In which place or places the suit may be instituted? Give reasons for your answer and also refer to relevant provisions on this point. [H.R.J.S. 1995]

Find the answer to the mains question only on Legal Bites. [‘X’ wants to bring a partition suit in respect of two houses one situated at Patna and the other situated at Muzaffarpur. In which place or places the suit may be instituted?]

Answer

The suit may be instituted by ‘X’ either in Patna or Muzaffarpur. Section 16 provides that the suit relating to immovable property including the suit for partition may be instituted in the court within the local limits of whose jurisdiction the property is situated.

Section 17 provides for a situation where the immovable property is situated within the jurisdiction of different courts, the suit can be filed in any court within the local limits of whose jurisdiction any portion of the property is situated. Section 17 provides one property being situated in two different jurisdictions, however in the case at hand, there are two properties but as this is the case of partition, it will be treated as one property for the purpose of Section 17 (Karam v. Kunwar, AIR 1942 A 387).

In this problem, the immovable property i.e, the houses are situated in the territorial jurisdiction of different courts (Patna and Muzaffarpur).

Thus, in view of the provisions made in Section 17, the partition suit in respect of both the houses may be filed by ‘X’ either in Patna or in Muzaffarpur. This provision is intended for the benefit of suitors and to prevent multiplicity of suits.

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