Regarding Jurisdiction
Bhawani Mahapatra
(Querist) 08 February 2011
This query is : Resolved
Dear Experts
A lease agreement is executed between "X and "Y" for certain thing wherein it is specifically mentioned in a clause that any dispute arising out of that agreement will be decided at the competent court where "X" resides.
"Y" resides at a different place. "X" and "Y" resides at different jurisdiction.
Now can "Y" file a suit at the court where he resides against "X" for specific performance of contract ?
Chanchal Nag Chowdhury
(Expert) 08 February 2011
If the lease is for Landed property, the suit will have to be filed where the land is situated & nowhere else. For movables,the clause is binding.