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Head Note

Civil Law  - Letters Patent

- High Court of Calcutta - Clause 12 - Suit for Land - Held relief claimed relates to the title or delivery of possession of land or immovable property - The Court will look into barely the Plaint and no other evidence - If by the averments in the plaint and prayers therein, it appears that the suit is one for land, it shall be so held and if it does not so appear, then the suit shall continue under leave granted under clause 12.

Civil Law  - Territorial Jurisdiction

Exclusive Jurisdiction - Clause 5 of the Agreement entered into between the parties reads "The payment/Cheque shall be drawn and made payable in Mumbai - The jurisdiction shall be Courts of Mumbai." Clause 9(e)(viii) of the Agreements further reads "Disputes, if any, shall be subject to the jurisdiction of Mumbai Court/Tribunals only" - Held - Present suit is a suit for land, and that the parties had granted exclusive jurisdiction to the Court of Mumbai, the jurisdiction of the Court at Calcutta is clearly ousted as per law - Plaint will have to be returned by the Calcutta High Court as it does not have the jurisdiction.

The Specific Relief Act, 1963  - Section 22 , Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002  - Section 13

Letters Patent - High Court of Calcutta - Clause 12 - Security Interest (Enforcement) Rules, 2002 - Specific Performance - Suit for Land - Sale certificate sought under the prayer requires the delivery of possession of the suit property - Thus the prayer for delivery of possession was an implicit one in the present case - Prayer as sought in the plaint could not have been granted without the delivery of possession of the suit property as the sale certificate itself contemplates the delivery of the immovable property - Suit held to be indeed a suit for land.

The Specific Relief Act, 1963  - Section 22

Specific Performance - Suit for Land - Held that a suit for specific performance simplicitor without a prayer for delivery of possession is not a suit for land - Section 22 of the Act, 1963 categorically bars any Court to grant such relief of possession in a suit for specific performance unless specifically sought.

Topic(s)-Territorial Jurisdiction - Exclusive Jurisdiction - Plaint returned