Where the suit may be instituted in the case where ‘A’ claims for the sale of B’s two mortgaged houses situated at Chapra and Muzaffarpur.

Question: Where the suit may be instituted in the case where ‘A’ claims for the sale of B’s two mortgaged houses situated at Chapra and Muzaffarpur. [Bihar C.J. 1978]

Find the answer to the mains question only on Legal Bites. [Where the suit may be instituted in the case where ‘A’ claims for the sale of B’s two mortgaged houses situated at Chapra and Muzaffarpur.]

Answer

Section 17 states that “Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated.”

In Luxhami Kumar v. Krishnaram, AIR 1954 M.B. 156, it was held that when the property is situated in more than one district are mortgaged under separate mortgaged deeds, but the recitals in the deeds show them as part of a single mortgage transaction, Section 17 applied.

Thus, in view of the decision given in Luxhami Kumar v. Krishanaram, it can be said that in the given problem the houses of Chapra and Muzaffarpur may be treated as one property if the terms of both the mortgaged houses show them as part of single mortgage transaction and suit by ‘A’ against ‘B’ may be filed either in Chapra or at Muzaffarpur in view of the law laid down in Section 17.

But if terms of both the mortgaged houses do not show them as part of a single mortgaged transaction, the suit relating to the house of Chapra can be filed only in Chapra and suit relating to Muzaffarpur may be instituted only in Muzaffarpur as the case will be covered by Section 16 and not by Section 17.

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