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sanyojanee deshmukh (Lawyer)     28 March 2011

Jurisdiction

An registered leave and license agreement, containg a arbritation clause and property situated where there is no small cause court.

In case of evication what will be jurisdiction ?



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 3 Replies

pratik (self working)     28 March 2011

good question ? 

Somnath Gangopadhyay (Legal Practitioner)     28 March 2011

Civil Court having jurisdiction over the area where suit property is situated in all cases generally but if the agreement contains an arbitration clause then jurisdiction of court is ousted. In such event you have to go through the agreement to see whether there is a named arbotrator or not. Generally speaking to oust a licensee, Rent Act does not apply as the proceeding will be for recovery of possession under the Transfer of Property Act.

Johndel Clay (Account Officer)     29 March 2011

In general, most jurisdictions allow parties to eviction cases to appeal a judge’s decision. However, that most jurisdictions have rules that govern when a party to a case can file an eviction appeal.


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