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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
CO No. 3446 of 2025 – Appellant
Versus
Ruma Bhowmick – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. court’s observations on jurisdiction. (Para 3 , 6) |
| 3. arguments regarding jurisdiction and cause of action. (Para 4 , 5 , 12) |
| 4. analysis of the court's jurisdiction based on property location. (Para 7 , 14 , 15) |
| 5. precedents regarding jurisdiction and property. (Para 9 , 10) |
| 6. conclusion and order for revisional application. (Para 16 , 17 , 18) |
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This revisional application is directed against an order dated August 27, 2025 passed by Learned Judge, Bench VI City Civil Court at Calcutta in title suit no. 683 of 2023, whereby the application filed by the defendant/petitioner under Order VII Rule 11 of C.P.C. treating the same as under Order VII Rule 10 of C.P.C. has been rejected.
2. The plaint case is that the plaintiff being the absolute owner in respect of the suit property as described in the schedule of the plaint and being approached by the defendant/Opposite Party agreed to grant leave and license agreement for a period of 11 months on terms and conditions stated there in. The said document was signed and executed by the parties within the jurisdiction of the City Civil Court a
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
The central legal point established is that when two suits involve the same parties, property, and reliefs, and the jurisdictional issue is pending, the subsequent suit may be stayed until the dispos....
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
The central legal point established in the judgment is that the territorial jurisdiction of a court to entertain a suit for immovable property is determined by the location of the property as per Sec....
Point of Law : Agreement - Lessor, lessee, premium and rent - Merely because the title of the agreement is ‘leave and license agreement’, it would not mean that the petitioner necessarily has to be t....
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
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