Financial Daily from THE HINDU group of publications
Saturday, Mar 04, 2006


Group Sites

Industry & Economy - Courts/Legal Issues
States - Tamil Nadu

`Suit on land outside jurisdiction cannot be entertained'

Our Legal Correspondent

HC upholds single judge's ruling

The present suit being one for control of land lying outside the jurisdiction of this Court, it had no jurisdiction to entertain it.

Chennai , March 3

The Madras High Court has held that a suit for control of land lying outside the jurisdiction of this Court, could not be entertained, and, consequently, no leave could be granted in favour of the plaintiff.

The Court also said that the expression `suit for land' in Clause 15 of the Letters Patent should not be confined and limited to suits for recovery of possession or to obtain a declaration of title to land only. The present suit being one for control of land lying outside the jurisdiction of this Court, it had no jurisdiction to entertain it, and consequently, the single judge had `rightly' revoked leave granted in favour of the defendant, the First Bench, consisting of Chief Justice Mr A.P. Shah and Mr Justice M. Jaichandran said.

The plaintiff had in a suit prayed for a decree of permanent injunction restraining the defendant from entering into the Schedule

A property and disturbing the possession of the plaintiff and for a mandatory injunction directing the defendant to restrict their activities to that of Schedule B property.

A company, Citrex Products Ltd, owned 30.8 acres in Ponneri Taluk. The plaintiff entered into an agreement on August 25, 1995, with the company for purchase of 25.8 acres out of 30.8 acres. The defendant entered into an agreement with the company on March 12, 1997, to buy the balance 5 acres. Following the accord, the defendant attempted to interfere with the remaining extent of land. Hence, the suit.

The plaintiff filed an application for grant of leave on the ground that the agreement was entered into by the defendant only at Chennai. By an order dated July 20, 2005, the single judge granted leave. The defendant had in an application sought leave to revoke the said leave.

The Bench said that a reading of paragraph 20 of the plaint clearly showed that the allegation of the plaintiff was that since the defendant was encroaching upon the Schedule A property, which was beyond the territorial jurisdiction of this Court, the plaintiff had sought for a decree for permanent injunction.

Quoting an order of the apex Court, the Bench said that if a suit was for determination of title to land, it could be filed only in the court in whose jurisdiction the land was situated. A Division Bench of the High Court had held that a suit involving determination of title and interest of land would be a `suit for land.'

The present suit being one for control of land lying outside the jurisdiction of this Court, it had no jurisdiction to entertain the suit, and consequently the single judge had rightly revoked the leave. As a result, the appeal by Thamiraparani Investments Pvt Ltd was dismissed. Mr M.S. Krishnan argued the case on behalf of the respondent, Meta Films Pvt Ltd.

More Stories on : Courts/Legal Issues | Real Estate & Construction | Tamil Nadu

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
`Bankers must educate SHGs on solar energy'

`Budget lacks focus on expenditure'
`Suit on land outside jurisdiction cannot be entertained'
`GDP growth down in Q3'
Inflation rises on surge in mineral prices
`Tool units should adopt available software'
Flying British MPs may help Indian clean mechanism projects
Bush wants FDI caps to go
CEO forum identifies key areas for Indo-US trade
German team in Kolkata to explore biz ties
Malaysia seeks to boost trade ties via jt venture route
Fourth US consulate to be located in Hyderabad
Task groups to follow up CEO Forum suggestion
US reagents to detect bird flu
Madras HC orders status quo in integrated township case
Petroleum regulatory board Bill passed
Govt offers 10 CBM blocks in third round
Deora to meet Finance Minister on oil issues
Mumbai High restoration by June
ONGC may not sell IOC stake
National Load Dispatch Centre planned at Delhi, Kolkata
AES plans 1,000-MW unit in Chhattisgarh
`No public participation in power sector'
TN chapter of energy society
Steel cos parking cash with banks
VAT compensation may not fully meet revenue shortfall
Govt says no to extend service tax payment date
`MAT hike to affect foreign cos too'
Plan to bring co-op banks under I-T net opposed
Kerala: Water levels decline in major reservoirs
Coal blocks identification to be taken up soon
`Corporate life akin to entering wedlock'
UB, Scottish & Newcastle to launch new brands
Talent search
`Local cos can bring down health care costs'
HI-REF buys 33 pc stake in Ansal IT
Brigade Group announces Rs 3,000-cr investment
Global meet on biotech from March 9
Corrugated box makers' plea
`India on path for sustained growth'
NPC mission on holistic rural development — Productivity, IT to serve as enablers
New breed of consultants
Tax experts, CAs flay new clauses
Draft rules on taxable services
Global market's weakness hits oilmeals price
Sakthi Sugars aiming to export 1.5 lakh tonnes
`Visit Malaysia' campaign

The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
Group Sites: The Hindu | Business Line | Sportstar | Frontline | The Hindu eBooks | The Hindu Images | Home |

Copyright 2006, The Hindu Business Line. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu Business Line