Jurisdiction on ejectment suit
deepak
(Querist) 19 July 2013
This query is : Resolved
Dear Sir,
I have a property in vasundhara ghaziabad and have a rent agreement with the co. regd in Delhi also i reside in delhi.
can i file an ejectment suit and arrears of rent in delhi. can you give any referance for such cases.
Thanks and regds
Deepak vaidh
9312941258
Advocate Bhartesh goyal
(Expert) 19 July 2013
No,you have to file suit for ejectment and arrears of rent where property is situated i.e Ghziabad [u.p] see sec 16 of C.P.C
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) for 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 sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
R.K Nanda
(Expert) 19 July 2013
no, u cannot file said suit at delhi.
Rajendra K Goyal
(Expert) 19 July 2013
Agree, suit can not be filed in Delhi as property / cause of action is situated out of Delhi.
