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A lives in Ballari. B lives in Koppal and remains in possession of land in Gadag that B agreed to sell…

Section 16 places this suit in the competent court at Gadag, where the land lies. A seeks a decree for delivery of possession as well as execution of the sale deed. The…

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A lives in Ballari. B lives in Koppal and remains in possession of land in Gadag that B agreed to sell to A. A seeks both execution of the sale deed and court-ordered delivery of possession of the land. Under section 16 of the Code of Civil Procedure, 1908, where should A file the suit?

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Answer and explanation

Correct answer C

Section 16 places this suit in the competent court at Gadag, where the land lies. A seeks a decree for delivery of possession as well as execution of the sale deed. The proviso for relief obtainable entirely through the defendant's personal obedience therefore does not move the suit to Koppal.

Option feedback

Option A

The plaintiff's residence supplies no forum under section 16 on these facts.

Option B

The defendant's residence alone does not supply the forum. The requested delivery of possession outside that court's territory takes the case outside the personal-obedience proviso.

Option C

Gadag is the situs of the immovable property, and the relief expressly includes recovery of its possession.

Option D

The suit is governed by the situs rule on these facts, so the three places are not interchangeable.

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