Law: Civil Procedure Code (V of 1908)

Section: 16 , 20 ,

  Civil Procedure Code (V of 19(18)--- ---Ss.16 & 20---Punjab Tenancy Act. (XVl of 1887), Ss.14 .& 77---Suit for possession and recovery of mesne profits relating to land situate in Punjab filed in Karachi---Jurisdiction of Court---Suit for determination of any right or interest in an immovable property cannot be instituted in a Court other than the Court within the local limits of whose jurisdiction the property is situated---Provisions of S.20, C.P.C. would not help the plaintiffs so long as there was a prayer for recovery of possession of an immovable property with or without rents for the determination of any right or interest therein which can be adjudicated only by the Court within the local limits of whose jurisdiction the property is situated-- Court at Karachi has thus no jurisdiction to entertain a suit for possession of land situated in Punjab. The Eastern Express Co. Ltd. Karachi v. Haji Abdul Ghafoor and others PLD 1954 Bal. 18; Muhammad Jewan and another v. Syed Abdul Qasim and 3 others 19'79 CLC 186; G.T. Firm and others v. D.J. Co., Bombay AIR 1935 Nag. 250; Mst. Zeenat Bibi and 3 others v. Mehr Din and another PLD 1978 Lah. 249; Daibakilal Basak v. lqbal Ahmad Oureshi and another PLD 1965 Dacca 439; Mafzuddin Khan v. Jadu Pramanik and others PLD 1960 Dacca 103; Nur Muhammad v. Mst. Karim Bibi PLD 1959 Lah. 932; Janandasundari Shaba v. Madhahbhandra Mala AIR 1932 Cal. 482 and Haroon Ayoob Karim v. Suleman Ahmad 1983 CLC 162 ref. Civil Procedure Code (V of 1908)--- ---O.VII, R.10---Return of plaint---Where Court had no jurisdiction to entertain a suit, plaint was returned for presentation; to the proper Court. Faizuddin for Plaintiffs. Shafi Muhammad for Defendants. Date of hearing: 22nd January, 1990. JUDGMENT The case of the plaintiffs is that their mother Mst. Saleha Begum was owner of a piece of agricultural land measuring 36 Kanals and 11 Marlas situated in Mouza Taraf Ravi, Beroon-e-Hudood Committee, Multan, which was transferred to her on verification of her claim in lieu of the properties abandoned in India under the Settlement Scheme.   Mst. Saleha Begum died intestate in London. She had never executed any power of…