SABYASACHI BHATTACHARYYA
Deepak Polymers Private Limited – Appellant
Versus
Anchor Investments Private Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. All the revisional applications are heard analogously in view of the issue involved being the same. Each of the revisional applications under Article 227 of the Constitution arise out of suits for eviction under Section 106 of the Transfer of Property Act, 1882, which is evident from the cause of action pleaded in each of the plaints.
2. The primary relief sought in the suits is recovery of possession from the respective defendants. Ancillary reliefs regarding mesne profits etc., have also been sought.
3. By the impugned orders, the court below rejected applications filed by the defendants/petitioners under Order VII Rule 10 of the Code of Civil Procedure for return of the plaint to be presented before an appropriate forum, on the ground that the Commercial Court, in which the suits were instituted, does not have jurisdiction to hear the said suits.
4. Such applications were dismissed on similar reasoning by the orders impugned in all the revisional applications.
5. The primary question which falls for consideration is whether a suit, primarily for recovery of possession of immovable property under Section 106 of the Transfer of Property Act, pe
Laxmikant Revchand Bhojwani and Another Vs. Pratapsing Mohansingh Pardeshi [(1995) 6 SCC 576]
L. Chandra Kumar Vs. Union of India and Others [(1997) 3 SCC 261]
Salini Shyam Shettty and Another Vs. Rajendra Shankar Patil [(2010) 8 SCC 329]
Mrs. Soni Dave Vs. M/s. Trans Asian Industry Exposition Private Limited
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