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kavita (Junior Advocate)     29 December 2011

Violation of agreement.

Hon'ble Members,

I have got a case in my hand facts of which are as follows:-

1. My client has paid certain amount to his relative to help him settle his debts and other expenses .

2. An agreement has also signed by both the parties which says that, if my client's relative can not repay the amount then my client is entitled/free to take a posession of certain property which belongs to his relative.

3. Now, My client's relative is not in a position to repay the money and also not ready to handover the posession of the property. In brief, my client's relative has violated the fundamental condition/provision of the agreement.

Now the questions are, In which court can i file a case against the violation of the provision of agreement?, can i file this case in a City Civil Court Mumbai? 

Kindly help Please :-) 

Thank You :-)

KAVITA....



Learning

 3 Replies

Kundan Kr. Singh (Advocate)     29 December 2011

Hi

You can file civil suit  before concern civil court which  court has pecuniary as well as Teritorial jurisdiction.

Best suggestion for you  before filing suit discuss the matters with Senior Advocate.

sridhar pasumarthy (ADVOCATE)     29 December 2011

Dear kavitha,

you can file a suit for specific performance of agreement in a civil court.  The amount mentioned in the agreement will decide the pecuniary jurisdiction and the location of the property decides the territorial jurisidiction.  You have to find out both these aspects to decide the competency of the court.

kavita (Junior Advocate)     29 December 2011

Hon'ble Members,

Thank you very much for your valuable suggestions. The amount in dispute is 3,75,000/-  and property located in Govandi, Mumbai. Does this amount fits in the Pecuniary Jurisdiction of a City Civil Court? 

Kavita


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