Sameer Rajaram Jagtap
Asked September 24, 2016

Termination of lease deed of 99 years

  • 1 Answer
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If a matter is pertaining to the termination of 99 years lease deed, then which court will have a jurisdiction for filing a suit by the Lessee to take restraining orders from Court in the Jurisdiction of Mumbai?

Answer 1

If a matter is pertaining to the termination of 99 years lease deed, then which court will have a jurisdiction for filing a suit by the Lessee to take restraining orders from Court in the Jurisdiction of Mumbai?

 

First you need to send a legal notice to the lessor for the extension of the lease, if the other party does not respond positively to the legal notice, this will give rise to a case of action. Then you can file a suit according to the pecuniary jurisdiction of the court and according the to jurisdiction of the court.

 

Jurisdiction of A Civil Court:Sec-9

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. [Explanation I].- A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. [Explanation ll].- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.]. As mentioned under sec-9 of the Code, the civil courts have jurisdiction to deal with all matters provided it is a matter of civil nature and it is not expressly or impliedly barred. The word civil is not defined in the Code, however as per dictionary meaning it pertains to the private rights and remedies as distinguished from criminal and political. The word nature indicates the fundamental quality of a thing or person, its identity or the essential character. Hence, the suit of civil nature may be understood as a suit in which the fundamental question for determination, the matters in controversy primarily relating to the private rights and obligations, not to be related to political or religious rights and obligations; and if it is so the civil courts have the jurisdiction provided it is not expressly or impliedly barred.

 

Kinds of Jurisdiction and Place of Suing: Sec-15 To Sec-20 of civil procedure code 1908

There are basically three kinds of jurisdictions on the basis of which the place of suing may be determined. These are 1. Pecuniary Jurisdiction 2. Territorial Jurisdictions, and  3. Subject Matter Jurisdictions

If the matter put forth by the litigant for adjudication in front of the court, and the court have all these (pecuniary, territorial and Subject-Matter) jurisdiction, then only that court can try the matters so brought by the litigants. In case, the court does not have any of the above mentioned jurisdiction and still try the suit, it will be either termed as irregular exercise of jurisdiction or lack of jurisdiction which may turn the decision void or voidable depending upon the situations. The concept of Irregular Exercise of Jurisdiction and Lack of Jurisdiction will be discussed separately at the end.

 

Pecuniary Jurisdiction: Sec-15 of civil procedure code 1908

Every suit shall be instituted in the Court of the lowest grade competent to try it. The word competent to try indicate the competency of the court with respect to the pecuniary jurisdiction. It means, the courts of lowest grade who has the jurisdiction with respect to pecuniary value shall try the suit at first. Now, the biggest question is, who will determine the valuation of the suit for the purpose of determining the pecuniary jurisdiction of the court. In general, it is the valuation done by the plaintiff is considered for the purpose of determining the pecuniary jurisdiction of the court, unless the court from the very face of the suit find it incorrect. So, if the court finds that the valuation done by the plaintiff is not correct, that is either undervalued or overvalued, the court will do the valuation and direct the party to approach the appropriate forum. So, prima facie, it is the plaintiff’s valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately decree may be passed. Thus, if the pecuniary jurisdiction of the court of lowest grade is, say, Rs. 10,000/- and the plaintiff filed a suit for accounts wherein the plaintiff valuation of the suit is well within the pecuniary jurisdiction of the court but court latter finds on taking the accounts that Rs. 15,000/- are due, the court is not deprived of its jurisdiction to pass a decree for that amount. Usually, a court will accept a valuation of the plaintiff in the plaint and proceed to decide the matter on merits on that basis, however, that does not mean that plaintiff in all cases are at liberty to assign any arbitrary value to the suit, and to choose the court in which he wants to file the suit. If it appears to the court that the valuation is falsely made in the plaint for the purpose of avoiding the jurisdiction of the proper court, the court may require the plaintiff to prove that the valuation are proper. Next important question is the status of decision given by the court who does not have the pecuniary jurisdiction in the matter. That is, what if the Court proceeded with the matter and later come to know that it did not have the pecuniary jurisdiction. (The matter will be dealt under heading – irregular exercise of jurisdiction).

 

Territorial Jurisdiction: Sec- 16 To Sec -20 of civil procedure code 1908

 

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