Case Note & Summary
The plaintiff, BPM Industries Limited, filed a suit on 27 August 1999 seeking a declaration that the Indenture of Lease dated 6 May 1949 in respect of the suit property had been renewed with effect from 1 May 1999 for a period of 50 years, and for specific performance of the contract for renewal of the lease contained in the said Indenture of Lease, the Agreement dated 31 August 1955, and the Deed of Conveyance dated 25 November 1993. The defendants, Samartha Development Corporation, filed a written statement raising a preliminary objection regarding the jurisdiction of the Bombay High Court to try and entertain the suit. Consequently, on 24 September 2010, the court framed a preliminary issue: 'Whether this Court has jurisdiction to try and entertain the present Suit?' The court examined the pleadings and found that the suit property is situated in Mumbai, the lease deed was executed in Mumbai, the renewal was to be performed in Mumbai, and the defendants carry on business in Mumbai. Therefore, the court held that it has jurisdiction to try and entertain the suit. The issue was answered in the affirmative.
Headnote
A) Civil Procedure - Jurisdiction - Cause of Action - Sections 16, 20 Code of Civil Procedure, 1908 - The court held that the suit property is situated in Mumbai, the lease deed was executed in Mumbai, the renewal was to be performed in Mumbai, and the defendants carry on business in Mumbai, thus the court has jurisdiction. (Paras 1-3)
Issue of Consideration
Whether the Bombay High Court has jurisdiction to try and entertain the suit for renewal of lease and specific performance of the contract for renewal.
Final Decision
The court answered the preliminary issue in the affirmative, holding that it has jurisdiction to try and entertain the suit.
Law Points
- Jurisdiction
- Cause of action
- Lease renewal
- Specific performance
