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Anil Kr Garg (Business)     21 September 2022

Jurisdiction of court in suit for specific performance of contract for sale of land

Kindly advise law governing jurisdiction of court in matters of specific performance of alleged contract for sale of land.

In my specific case, land is situated in Sanwer Tehsil of Indore District. Alleged agreement for its sale took place in Indore and both the parties to it reside in Indore.Suit was filed in Indore district court where it has come to the stage of FINAL ARGUMENTS which have even begun.

Sanwer is a Tehsil in Indore district.At the time of filing of the above suit, there was no ADJ court in Sanwer and hence, there was no issue of juridiction.

Now an ADJ court has been established in Sanwer. 

During FINAL ARGUMENTS, the judge himself observed that suits should be transferred to ADJ Court in SANWER because the suit land is situated within the jurisdiction of that court.

Lawyers of both the parties agreed in principle, but sought a short date to examine the issue.

Kindly advise if there is any way we can avoid transfer of this case at this stage legally?

Thank you very much for your advise.


 3 Replies

Advocate Bhartesh goyal (advocate)     21 September 2022

Although as per sec 16 of cpc suit relating to immovable properties should be tried and decide by the court where properties are situated but isince at the time of filing suit there was no  ADJ court at Sanwar so suit was filed and tried by ADJ court Indore and now the case is fixed for final argument so due to establishment of new court at Sanwar Indore court has not lost it's jurisdiction and can even hear and decide the suit.

Anil Kr Garg (Business)     21 September 2022

Thank you Goyal sb, this sounds very encouraging.  Can you give me something more specific so that I can present to my lawyers for arguing with the judge in the court pls? I shall be graeful for this help

Dr J C Vashista (Advocate)     22 September 2022

Since new ADJ court at Sanwar is stated to have been established consequently the jurisdiction of Sanwar is applicable (Section 16 CPC applies) as the property is located there. 

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