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A seller and buyer residing in Shivamogga signed an agreement in Hassan to sell land in Chikkamagaluru.…

A suit seeking delivery of possession of immovable property ordinarily belongs where the property is situated under section 16(a). The proviso allowing suit at the…

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A seller and buyer residing in Shivamogga signed an agreement in Hassan to sell land in Chikkamagaluru. A third party possesses the land. The buyer sues for specific performance and delivery of possession, and the relief cannot be obtained entirely through the defendants’ personal obedience. Where may the buyer file the suit under section 16 of the Code of Civil Procedure, 1908?

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Answer and explanation

Correct answer B

A suit seeking delivery of possession of immovable property ordinarily belongs where the property is situated under section 16(a).

The proviso allowing suit at the defendant’s forum requires relief entirely obtainable by the defendant’s personal obedience. The facts exclude that condition.

Option feedback

Option A

Signing the agreement in Hassan does not displace section 16 when the action seeks recovery of the land.

Option B

The land is in Chikkamagaluru. Section 16(a) places a suit to recover immovable property in the court for its location unless an applicable exception changes the forum.

Option C

Residence in Shivamogga does not suffice because the personal-obedience proviso does not apply on these facts.

Option D

Section 16 controls on these facts, so the places of execution and residence do not create the stated alternatives.

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