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HIGH COURT OF DELHI
MS. JUSTICE MANMEET PRITAM SINGH ARORA, J
POLOTRIPS INDIA PVT. LTD. & ANR. – Appellant
Versus
KARNATAKA BANK LIMTED & ORS. – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
1. The question arising for consideration in this judgment is whether the plaintiff herein can maintain before Courts in Delhi, the present suit for specific performance with respect to the suit property located in the State of Haryana in view of Section 16 of Code of Civil Procedure, 1908 (‘CPC’) which reads as under :
“16. Suits to be instituted where subject-matter situate:- Subject to the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, (d) or the determination of any other right to or interest in immovable property, (e) for compensation for wrong to immovable property, (f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief so
A suit for specific performance regarding immovable property must be filed in the jurisdiction where the property is located, as per Section 16 of the CPC.
Agreement to sell – Even if suit for specific performance is decreed without specific decree for transfer of possession of suit property, same can be enforced only when trial court directs defendants....
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....
A suit for specific performance of a contract for the sale of immovable property is not a 'suit for land' unless the Plaintiff seeks a declaration of title to or delivery of possession of the immovab....
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
The necessity of a written contract for protection under Section 53A of the T.P. Act and the importance of proving readiness and willingness to perform the essential terms of the contract under Secti....
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