How to find jurisdiction of court in suit for specific performance? Clear-cut approach!
Вставка
- Опубліковано 9 лют 2025
- #Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #unregistered_will
A Division Bench of Supreme Court of India of
• Justice J.B. Pardiwala & Justice R. MAHADEVAN dismissed the SLP Wherein Single Bench of Delhi High Court said that a Delhi Court has jurisdiction to try a suit where suit property is outside Delhi. DB of Delhi High Court said no, the suit must be filed at the place where the property is situated.
• Rohit files a suit for specific performance and injunction in Delhi whereas the suit property is situated in Gurugram in 2004. The suit property was commercial property. The offer was made in Delhi and the same was accepted in Delhi. Some disputes cropped up between the parties regarding certain terms contained in the “Flat Buyers Agreement.”
• A preliminary objection was taken that the Delhi Court has no territorial jurisdiction to entertain the suit instituted by the plaintiff
• 8. The learned Single Judge decided that it had the jurisdiction to entertain the suit. The reasoning were:
• The plaintiff was seeking the relief of specific performance simpliciter and had not prayed for a decree to put him in possession of the suit property.
• Such a relief could be granted and enforced by the personal obedience of the vendor.
• Thus the Court in whose territorial jurisdiction the vendor resides or carries on business or works for gain would have the jurisdiction to entertain the suit.
• Ld Single Judge relied on Adcon Electronics Pvt. Ltd. v. Daulat and Another reported in (2001) 7 SCC 698, the Single Judge drew a distinction between a suit relating to specific performance of a contract for sale of immovable property simpliciter and a suit where additional claim for delivery is prayed for.
• Decision categorically holds that a suit seeking specific performance of an agreement to sell simplicitor even if it relates to immovable property is not a suit in which the relief claimed relates to title or to land. The suit is for enforcement of terms of contract.
• The Division Bench of the High Court allowed the appeals and ordered the plaint to be returned to the plaintiff in accordance with law so as to be presented before the court of competent jurisdiction.
• Rohit Kochhar vs Vipul Infrastructure Developers Ltd
• Relevant Sections:
• Section 16 of the CPC broadly says for determination of any right to or interest in immovable property, the suit shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
• Its proviso provides that where the relief sought can be entirely obtained through the personal obedience of defendant, can be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. The proviso is based on a well-known maxim “equity acts in personam”.
• SECTION 22 of the Specific Relief Act provides that any person suing for specific performance of a contract for transfer of immovable property may, in an appropriate case, sue for possession, or partition and separate possession of the property, in addition to such performance. It is further provided in sub-section (2) of the said provision that no relief under the said provision shall be granted by the court unless it has been specifically claimed, provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.
•
Very useful judgement sir, thank you
@@kishanderashree6537 Thankyou for your sincere appreciation
Good night sir? Nice sir?
@@mdnoormdnoor5854 Welcome
संरक्षक पर भी limitation act लागू होता है क्या उसके द्वारा अपने नाबालिग बच्चे के नाम से कराई गई sale Deed को challenge करने में