Jurisdiction for attaching developers land
Divya
(Querist) 20 February 2016
This query is : Resolved
Respected Experts
I have a decree granted by court "A" against debtors... Debtors have their land and assets in other cities/states such as B or C where they have development rights of land in "B" or "C".
Where should i file execution for attachment of development rights of developer.... is execution to be filed at "A" or at place where land is situated i.e. "B" or "C"
Thankyou
Advocate M.Bhadra
(Expert) 20 February 2016
I would like to quote from a Judgment :
Supreme Court of India
Mohit Bhargava vs Bharat Bhushan Bhargava & Ors on 20 April, 2007
Author: P Balasubramanyan
Bench: S.B. Sinha, P.K. Balasubramanyan CASE NO.:
Appeal (civil) 2078 of 2007
PETITIONER:
MOHIT BHARGAVA
RESPONDENT:
BHARAT BHUSHAN BHARGAVA & ORS
DATE OF JUDGMENT: 20/04/2007
BENCH:
S.B. SINHA & P.K. BALASUBRAMANYAN
"An execution against immovable property lying outside the jurisdiction of the executing court is possible in terms of order XXI Rule 3 of the Code which governs a case where the particular item of immovable property, forms one estate or tenure situate within the local limits of jurisdiction of two or more courts, and one of those courts is approached for execution of the decree against that property. In a case where Order XXI Rule 3 has no application, the position seems to be that if a decree holder wants to proceed against a property situate outside the jurisdiction of the court which passed the decree, he has to get the decree transferred to the appropriate court for execution on moving the executing court in that behalf."
Divya
(Querist) 20 February 2016
Respected Mr. Bhadra, highly Obliged Sir for such a quick reply which has answered my query.
Devajyoti Barman
(Expert) 21 February 2016
Yes, the law is well settled.
You have to file execution case in the same court which passed the decree.
Now the party can always apply for the transfer of the decree to such court where it can be executed.
Adv. Yogen Kakade
(Expert) 21 February 2016
i agree with the experts above. you can act accordingly.
Divya
(Querist) 21 February 2016
i thank all experts for sharing their views herein.
Anirudh
(Expert) 21 February 2016
You are not clear in your facts,when you say - "Debtors have their land and assets in other cities/states such as B or C where they have development rights of land in "B" or "C".
Please be clear whether the debtors have lands and assets OR only development rights.
If they have only development rights (without owning land and assets), I am afraid, you cannot attach the same.
Dr J C Vashista
(Expert) 25 February 2016
Well advised by expert Mr. M. Bhadra, I agree, the EP can be filed with either of the Courts is well settled law.
However, submit reply to the relevant questions raised by expert Mr. Anirudh for proper opinion and advise.
