Case Note & Summary
The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in respect of land at Lonawala, District Pune, along with a bungalow. The plaintiff also sought a declaration that an indenture of sale dated 1 March 2007 executed by the vendors in favour of the applicants (Defendant Nos. 11 to 14) was invalid and not binding on the plaintiff. The applicants took out a Chamber Summons for revocation of leave granted under Clause XII of the Letters Patent to file the suit in the Bombay High Court, contending that the suit property is situated outside the court's jurisdiction and that the suit is a suit for land. The court examined whether the suit, particularly the prayer for declaration of invalidity of the sale deed, constitutes a suit for land. Relying on the principle that a suit which seeks to interfere with or obtain a decree affecting the title to immovable property situated outside the jurisdiction is a suit for land, the court held that the declaration sought directly challenges the title of the applicants over the suit property. Since the property is outside the court's territorial jurisdiction, the leave granted under Clause XII was liable to be revoked. The court allowed the Chamber Summons, revoked the leave, and directed the plaint to be returned for presentation to the proper court.
Headnote
A) Civil Procedure - Jurisdiction - Suit for Land - Clause XII of Letters Patent - Revocation of Leave - The suit sought specific performance of an agreement for sale of land situated at Lonawala, District Pune, outside the jurisdiction of the Bombay High Court, and a declaration that a subsequent sale deed dated 1 March 2007 in favour of the applicants was invalid. The court held that the prayer for declaration of invalidity of the sale deed directly interferes with the title of the applicants over the suit property, making it a suit for land. Since the property is outside the court's jurisdiction, the leave granted under Clause XII of the Letters Patent was liable to be revoked. (Paras 1-10)
Issue of Consideration
Whether the suit, which seeks a declaration that an indenture of sale dated 1 March 2007 is invalid and not binding on the plaintiff, is a suit for land, and whether the leave granted under Clause XII of the Letters Patent to file the suit in this Court ought to be revoked on the ground that the suit property is situated outside the territorial jurisdiction of this Court.
Final Decision
The Chamber Summons is allowed. The leave granted under Clause XII of the Letters Patent to the Plaintiff to file the suit is revoked. The plaint is directed to be returned to the Plaintiff for presentation to the proper court having jurisdiction.
Law Points
- Clause XII of Letters Patent
- suit for land
- jurisdiction
- leave to sue
- revocation of leave
- specific performance
- declaration of invalidity of sale deed
Case Details
2015 LawText (BOM) (01) 14
Chamber Summons No. 616 of 2014 in Suit No. 160 of 2008
Mr. Pratik Sakseria with Mr. Nimay Dave, i/b. Bachubhai Munim & Co., for the Plaintiff; Mr. Chetan Kapadia with Mr. Rahul Totla, i/b. Mr. N.J. D'Monte, for Defendant Nos. 5 to 10; Dr. Birendra Saraf with Mr. Sharad Wakchaure, i/b. M/s. Kishore Thakordas & Co., for Defendant Nos. 11 to 14 (Applicants)
Vasant Shankar Walanj & Ors. (Applicants / Original Defendant Nos. 11 to 14)
Mrs. Annete Bulchandani (Plaintiff) and Mrs. Iris Fernandes & Ors. (Defendants)
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Nature of Litigation
Chamber Summons for revocation of leave under Clause XII of the Letters Patent and dismissal of suit for want of jurisdiction.
Remedy Sought
The Applicants (original Defendant Nos. 11 to 14) sought revocation of leave granted under Clause XII of the Letters Patent to the Plaintiff to file the suit, and dismissal of the suit for want of jurisdiction.
Filing Reason
The suit property is situated at Lonawala, District Pune, outside the territorial jurisdiction of the Bombay High Court. The Applicants contended that the suit, which includes a prayer for declaration that a sale deed dated 1 March 2007 in their favour is invalid, is a suit for land and thus cannot be entertained by this Court without proper jurisdiction.
Previous Decisions
Leave under Clause XII of the Letters Patent was previously granted to the Plaintiff to file the suit in the Bombay High Court.
Issues
Whether the suit, particularly the prayer for declaration of invalidity of the sale deed dated 1 March 2007, is a suit for land.
Whether the leave granted under Clause XII of the Letters Patent ought to be revoked on the ground that the suit property is situated outside the jurisdiction of this Court.
Submissions/Arguments
The Applicants submitted that the suit seeks a declaration that the Indenture of Sale dated 1 March 2007 is invalid and not binding on the Plaintiff, which directly interferes with the title of the Applicants over the suit property. Therefore, the suit is a suit for land, and since the property is outside the court's jurisdiction, the leave granted under Clause XII must be revoked.
The Plaintiff argued that the suit is primarily for specific performance of an agreement for sale, which is a personal obligation, and the declaration regarding the sale deed is ancillary. The Plaintiff contended that the suit is not a suit for land and that the leave was properly granted.
Ratio Decidendi
A suit which seeks a declaration that a sale deed in respect of immovable property is invalid and not binding on the plaintiff directly interferes with the title of the defendant over the property and is a suit for land. Since the suit property is situated outside the territorial jurisdiction of the court, leave under Clause XII of the Letters Patent cannot be granted, and any leave already granted must be revoked.
Judgment Excerpts
This Chamber Summons is taken out by the Applicants, who are original Defendant Nos. 11 to 14, for revocation of the leave granted under Clause XII of the Letters Patent to the Plaintiff to file the present suit, and dismissal of the suit for want of jurisdiction.
The present suit is filed by the Plaintiff for specific performance of an agreement for sale dated 2 February 1990...
It is the case of the Applicants that at least in so far as the prayer for declaration of invalidity in respect of the Indenture of Sale/Conveyance dated 1 March 2007 is concerned, the suit seeks an interference with the title of Defendant Nos. 11 to 14 with the suit property and is, therefore, a suit for land, which is outside the jurisdiction of this Court.
Procedural History
The Plaintiff filed Suit No. 160 of 2008 in the Bombay High Court for specific performance of an agreement for sale and for declaration of invalidity of a sale deed. Leave under Clause XII of the Letters Patent was granted to the Plaintiff. The Applicants (Defendant Nos. 11 to 14) filed Chamber Summons No. 616 of 2014 seeking revocation of the leave and dismissal of the suit for want of jurisdiction. The Chamber Summons was heard and disposed of by this judgment.
Acts & Sections
- Letters Patent (Bombay): Clause XII
