Case Note & Summary
The appellant, Ashok B. Nigudkar, filed a suit in the City Civil Court, Mumbai seeking a declaration that he was jointly entitled along with the defendant No.1 to the old premises (Room No.1171/2, Gopal Nagar-1, Pandurang Budhkar Marg, Worli, Mumbai) and to permanent joint accommodation to be reallotted in lieu of the old premises under a slum development scheme. The appellant claimed that his mother Anandibai held a patchholder card for the premises, which consisted of ground floor and loft. After Anandibai's death on 9th April 1987, the appellant and his family continued to reside on the loft, while his brother Prakash and his family occupied the ground floor. After Prakash's death on 29th July 1999, the families continued to reside as one family. The appellant alleged that defendant No.1, without his consent, entered into a Tripartite Agreement under the slum development scheme and took rent for temporary alternative accommodation. The City Civil Court, by order dated 14th November 2011, held that it had no jurisdiction to entertain and try the suit. The appellant appealed against this order. The High Court, after considering the submissions, set aside the impugned order and remanded the matter to the City Civil Court for fresh consideration on the question of jurisdiction, directing the court to decide the issue based on the pleadings and the nature of the suit.
Headnote
A) Civil Procedure - Jurisdiction - City Civil Court - Suit for declaration of joint entitlement to slum rehabilitation premises - The appellant filed a suit seeking declaration that he was jointly entitled along with the defendant to the old premises and to permanent joint accommodation in lieu thereof. The City Civil Court held it had no jurisdiction. The High Court allowed the appeal, setting aside the order and remanding the matter for fresh consideration on the question of jurisdiction, holding that the court must decide the issue of jurisdiction based on the pleadings and the nature of the suit. (Paras 1-4)
Issue of Consideration
Whether the City Civil Court, Mumbai had jurisdiction to entertain and try the suit filed by the appellant for declaration of joint entitlement to the suit premises and for other reliefs.
Final Decision
The High Court allowed the appeal, set aside the impugned order dated 14th November 2011, and remanded the matter to the City Civil Court for fresh consideration on the question of jurisdiction. The court directed that the issue of jurisdiction be decided based on the pleadings and the nature of the suit.
Law Points
- Jurisdiction of City Civil Court
- Slum Rehabilitation Scheme
- Declaration of joint entitlement
- Leave and license
- Suit for declaration
