Suit for Injunction
Bhushan V. Kale
(Querist) 18 September 2009
This query is : Resolved
There is an agreement for exchange of two properties between plaintiff and defendant. They have decided to execute the sale deed of both the properties in each other's favour on or before 31/12/2009. Both the properties are situated within the jurisdiction of different court. The plaintiff got the possession of the defendant's property but he has not delivered the possession of his property to defendant. Thus, the plaintiff is having possession over both the properties.
The agreements were executed at the place of plaintiff. The defendant threatned plaintiff to take back the possession of his property. The plaintiff filed suit for Injunction, praying that, the defendant be restrain from taking possession of both the properties which are in the possession of plaintiff.
Whether the Civil Court at the place of plaintiff is having jurisdiction to entertain the suit. (As one property is situated out of the territorial jurisdiction. Whether Sec. 17 and sec. 20 of C.P.C. is applicable, as it is simplicitor suit for injunction ?
riven
Raj Kumar Makkad
(Expert) 18 September 2009
The court in the jurisdiction of whose even an iota of cause of action has arisen, can try and decide the suit and in your case plaintiff is not debarred to sue the defendant. Section 17 & 20 of CPC do not bar the mentioned case in the light of facts and circumstances mentioned by you. Better defend the suit vigorously on merits rather finding out technical lacunae.riven
Adinath@Avinash Patil
(Expert) 19 September 2009
Plaintiff allready filed civil suit,you don't wory about jurosdiction because section 17 & 20 are in favour of pliantiff.You have to strongly defend the suit on facts and law.riven
adv. rajeev ( rajoo )
(Expert) 19 September 2009
Dear Frnd,
Mere bare injunction suit is not sufficient, plaintiff could have filed suit for declaration and injuction. The same thing is happened with my client. I have filed the suit for declaration and injunction.
On the basis of the exchange deed declaration is must.riven
Kiran Kumar
(Expert) 19 September 2009
i agree with Rajeev, pursuing that line u can also file a similar suit for declaration against the present plaintiff, u can file such a suit at a place where the cause of action has arisen or the property is situated.riven
Raj Kumar Makkad
(Expert) 19 September 2009
Where are rights are already decided and no declaration is required for that purpose there mere injunction suit is sufficient.riven
adv. rajeev ( rajoo )
(Expert) 19 September 2009
Sir,
Rights are decided but possession is not delivered and agreement is not regd., So in my opinion which land plaintiff has right must be declared by declaration suit only.riven
Bhushan V. Kale
(Querist) 19 September 2009
Sir,
I m conducting this matter for plaintiff.
Dear Mr. Rajeev, may i know, what type of declaration should be prayed ?
I would like to inform that Hon`ble Court is of opinion to file separate suit at the place where the property is situated.
My application for Temperary Injunction is pending.
Is there any ruling on this point?
Thanking all of u for ur valuable opinion, it will always encourage me.
riven
Bhaskaran Advocate
(Expert) 04 January 2019
When there is a cloud over title between the opposite parties only then declaration suits are necessary. Unless you pray for declaration of title the court will not go into deciding the issues as far as title to the property is concerned.
