Immovable property jurisdiction
ANISH KHANNA
(Querist) 12 September 2013
This query is : Resolved
Help wanted from learned advocates/experts.
Case summary.
I have booked a property in Bhiwadi Rajasthan, and there is a dispute with the builder,and builder reg office is in Delhi. I have only singed a booking form which says only Bhiwadi or Delhi courts have Jurisdiction. So i have filed a case of permanent Injunction, Civil case in Delhi Courts, now the defendant lawyer is challenging the Jurisdiction. In reply my lawyer has told the court that a relief can be obtained under section 16 CPC (16 D and O.VII R-11 of CPC) on personal obedience.
On the last argument date the defendant advocate objected on grounds that a relief for rights is demanded in the property.so when the rights are demanded it is not covered under personal obiedience / above mentioned section and the Judge seemed to be convienved with him
My question is
1.Is my case maintainable in Delhi courts.And if yes on what grounds
2. The defendant company has already told on application form that in case of disputed,it can be Delhi or Bhiwadi courts only does law accepts this written statement.
3. If yes what sections i can see to get my case maintainable in Delhi courts.
Please Help me out.
Nadeem Qureshi
(Expert) 13 September 2013
Dear Mr. Khanna
my opinion on your queries are as under:
1.Is my case maintainable in Delhi courts.And if yes on what grounds
Opinion: yes, your suit is maintainable in Delhi as per booking form's terms regarding Bhiwani or delhi court.
2. The defendant company has already told on application form that in case of disputed,it can be Delhi or Bhiwadi courts only does law accepts this written statement.
Opinion: yes, it can be enforce.
3. If yes what sections i can see to get my case maintainable in Delhi courts.
Opinion: no need to seach in sections it is well settled law that admitted facts are no need to proved as per evidence act.
Feel Free To Call
ANISH KHANNA
(Querist) 13 September 2013
Thanks a lot Nadeem sir. So it means the court has to continue the case related to immovable property falling outside its jurisdiction on the basis of prior admitted facts related to jurisdiction as per evidence act.
any rule/CASE Precisely relevant to my case.
ANISH KHANNA
(Querist) 27 September 2013
Thanks a lot Nadeem sir. So it means the court has to continue the case related to immovable property falling outside its jurisdiction on the basis of prior admitted facts related to jurisdiction as per evidence act.
any rule/CASE Precisely relevant to my case.
