mr.p.baskar v. m/s.aditya real estates
Case brief
What is this about?
The High Court, Madras, revoked leave to sue granted to the respondent plaintiff for jurisdictional reasons. The Court held that a suit for specific performance of agreements involving land and construction obligations implies a prayer for possession, thereby making it a 'suit for land' requiring institution in the court where the land is situated.
What did the court decide?
Leave granted under A.No.2767 of 2014 was revoked; plaint ordered to be returned to plaintiff for presentation before the appropriate court.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDER RESERVED ON: 17.12.2017
ORDER PRONOUNCED ON: 21.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
A.No.6870 of 2017
in
C.S No.402 of 2014
P.Baskar, Partner
M/s.Vasavi Builders Medavakkam
now known as Sri Aishwaryam Homes
...Applicant / 3rd defendant
Vs.
M/s.Aditya Real Estates
rep. by Mr.Manish Agarwal,
19/20, General Muthiah Mudali Street,
Chennai – 600 079.
... Respondent / Plaintiff
PRAYER: Application is filed under Clause 12 of the Letters Patent read with Order XIV Rule 8 of the Original Side Rules, praying to revoke the leave granted in Appln.No.2767 of 2014 dated 23.04.2014.
For Applicant : Mr.K.V.Babu For Respondent : Mr.V.Balasubramanian.
Issues for consideration
3 issues framed by the court
Whether a suit for specific performance of an agreement to sell without a specific prayer for delivery of possession is a 'suit for land' under Clause 12 of the Letters Patent, Madras.
Whether possession is implicitly included in the relief of specific performance of an agreement obliging the defendant to convey undivided share in land and construction of flats.
Whether the High Court of Judicature at Madras has original jurisdiction to entertain the suit when the property is situated outside its territorial limits.
Parties & counsel
- applicant
P.Baskar
- respondent
M/s.Aditya Real Estates
Coram
R.SUBRAMANIAN
Case details
As recorded by the court registry
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