Harshad Chimmanlal Modi v. DLF Universal

This case explains where to file a suit about immovable property. The buyer sued in Delhi for a plot in Gurgaon. The Supreme Court said: under Section 16 CPC, such suits go to the court where the property is located. The proviso does not expand the rule—it applies only when the court can give full relief by ordering the defendant to act, without touching the land itself. Result: Delhi courts had no power; plaint returned to the proper court.

• Did Delhi civil courts have jurisdiction to try a suit for specific performance and possession of a plot situated in Gurgaon?

• Section 16 CPC: Suits concerning rights in immovable property must be filed where the property is located.
• Proviso (narrow): It is an exception. It works only if the suit fits the main part and complete relief is possible by personal obedience of the defendant.
• The proviso cannot enlarge the main rule or shift suits about land to another forum.

The Supreme Court dismissed the buyer’s case in Delhi for want of jurisdiction. Because the suit sought specific performance and possession of a plot in Gurgaon, it fell within Section 16 CPC. The proviso could not expand the main rule. The plaint was ordered to be returned for filing before the proper court.

• Section 16 governs suits involving rights in immovable property; they must be filed where the property is.
• The proviso is an exception, not an enlargement. It applies only when full relief is possible by directing the defendant personally.

Students learn the forum rule for property suits. Lawyers learn not to rely on the proviso to move a land dispute away from the place where the land is located.

• Location of property decides the court for land-related suits.
• Proviso to Section 16 is limited; it cannot bypass the main rule.
• Reliefs like possession and specific performance tied to land require the local court.

Mnemonic: LAND-LOC — Land suits at Location of land.

1. Ask: Is relief about rights in immovable property?
2. Yes → File where the land lies.
3. Use proviso only if personal obedience alone gives full relief.

Issue: Can Delhi courts try a suit for specific performance and possession of a Gurgaon plot?

Rule: Section 16 CPC—file where the property is; proviso is narrow and applies only when full relief is by personal obedience.

Application: Reliefs sought affect rights in the Gurgaon plot; complete relief needs the court where the land is.

Conclusion: Delhi courts lacked jurisdiction; plaint returned to proper court.

Specific Performance

Court order telling a party to carry out a contract.

Proviso (Section 16)

A narrow exception when relief is possible by personal orders to the defendant.

Return of Plaint

When a court lacks power, it sends the plaint to be filed in the correct court.