Jurisdiction of court is to be decided on the basis of averm

Jurisdiction of court is to be decided on the basis of averment of plaing

Section 28 does not invest the Court of Small Causes with exclusive power to try questions of title as between the rightful owner and a trespasser or a licensee, for such questions do not arise under the Act. If therefore the plaintiff in his plaintdoes not admit a relation which would attract any of the provisions of the Act on which the exclusive jurisdiction given under S. 28 depends, the defendant by his plea cannot force the plaintiff to go to a forum where on his own averments he cannot go. If the suit as framed is by a land-lord or a tenant and the relief asked for is in the nature of a claim which arises

out of the Act or any of its provisions then only and not otherwise will it be covered by S. 28. The City Civil Court had jurisdiction to entertain the suit and the High Court correctly came to that conclusion.

The plaintiff chooses his forum and files his suit. If he establishes the correctness of his facts he will get his relief from the forum chosen: If ... he frames his suit in a manner not warranted by the facts, and goes for his relief to a court which cannot grant him relief on the true facts, he will have his suit dismissed. Then there will be no question of returning the plaint for presentationto the proper court, for the plaint, as framed, would not justify the other kind of court to grant him the relief............... ... If it is found, on a trial on the merits so far as this issue of jurisdiction goes, that the facts alleged by the plaintiff are not true and the facts alleged by the defendants are true, and that the case is not cognizable by the court, there will be two kinds of orders to be passed. If the jurisdiction is only one relating to territorial limits or pecuniary limits, the plaintwill be ordered to be returned for presentation to the

proper court. If, on the other hand, it is found that, having regard to the nature of the suit, it not Cognizable by the class of court to which the court belongs, the plaintiff's suit will have to be dismissed in its entirety."

Supreme Court of India

Raizada Topandas & Anr vs M/S. Gorakhram Gokalchand on 22 April, 1963

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