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• All conveyancing
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  • Building Units and Group Titles Act

Legal Procedure for Property Matters:

In case of Suits relating to immovable property:- As a general rule suits relating to immovable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situate, In other words, where the property in dispute is situated.

Section 16 of the Civil Procedure Code is as follows:

“Suits to be instituted where subject matter situate:­ Subject to the pecuniary and other limitations prescribed by any law, suits-

(a) for the recovery of immovable property with or without rent or profits.

(b) for the partition of immovable property.

( c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property.

(d) for the determination of any other right to or interest in immovable property.

(e) for compensation for wrong to immovable property.

(f) for the recovery of immovable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.”

Here it should be noted that the pecuniary jurisdiction of Courts differ from State to State.

There is yet another limitation regarding the filing of suits on immovable property. It is clear from the proviso to Section 16. The proviso relates to the suits for compensation in relation to immovable property held by or on behalf of defendant and where the relief sought can be entirely obtained through his personal obedience. That means, the relief for compensation is independent of its own and has nothing to do with other relief’s regarding immovable property referred to in clauses (a) to (d) of Section 16.

3. Property at distant places:- 1, 2, 3, 4 are brothers. They are living at different places like A and B. They are having their immovable ancestral properties at A, B and C. 1 prefers to file a suit for partition against 2, 3 and 4. He can file the suit at A, B or C i.e where a portion of the property is situate. But in such cases, the entire suit claim has to be taken into consideration for purpose of payment of court fee and pecuniary jurisdiction. In the above example, no doubt the suit for partition can be filed at A provided the total value of property situated at A, B and C is less than rupees one lakh. This is so because only Junior Civil Judge Court is located at A. If the total value of the entire property is more than rupees one lakh the suit cannot be filed at A. The suit can be filed at B,, or at C where Senior Civil Judge are located. It is clear from the wording of Section 17 of Civil Procedure Code which runs as follows :

Suits for immovable property situate within jurisdiction of different courts:- Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such court. ‘

4. Suits for compensation for wrongs to persons or movables:– As far as suits relating to immovable properties and the relief is by way of compensation, suit can be filed at two places

(1) where the defendant resides or

(2) where the wrong was done to the movables. The same will apply to the suits for compensation for wrongs to persons. Section 19 of Civil Procedure Code reads as under:

Suits for compensation for wrongs to person or movables:­ Where a suit is for compensation for :\Tong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides, or carries on business or personally works for gain, within the local limits of the jurisdiction of another court, the suit may be institute at the option of the plaintiff in either of the said courts.

To put it differently, this section corresponds to suits for damages or compensation in relation to persons or movable property. Suits involving tortious liability are covered by this section. We are aware that Tort is a civil wrong for which the relief lies by way of claiming unliquidated damages. Nuisance, negligence, defamation, accident, trespass etc. come under tortious liability. In such cases the two options where to file the suit are where the defendant resides or carries on business or work for gain or where the tortious act takes place. It is for the plaintiff to choose either of those places. Of course, this section is also subjected to pecuniary jurisdiction.

5.Filing of suits in other cases:- As far as other suits not covered under Sections 16, 17 and 19 of Civil Procedure Code, the suits have to be filed where the defendant resides or cause of action wholly or in part arises. Money suits are the best example to understand the position easily. ‘A’ borrowed Rs. 20,000/- from ‘B’. ‘A’ resides at Guntur and ‘B’ resides at Mangalagiri. Pronote was executed at Mangalagiri. ‘B’ can file a suit against ‘A’ for recovery of amount either at Mangalagiri or at Guntur. Ifthe amount borrowed is above rupees one lakh, the suit should be filed only at sub-court, Guntur.. There is one more thing to be kept in mind which is very important. The word ‘where defendant resides’ means, where he actually resides at the time of filing of the suit. For example, ‘A’ and ‘B’ are residents of Guntur. ‘A’ borrowed some amount from ‘B’ at Guntur. Subsequently, ‘A’ shifted his family to Nellore. ‘B’ shifted his family to Hyderabad. ‘B’ can institute a suit against ‘A’ at Guntur or at Nellore. Section 20 of Civil Procedure Code is as under:

Other suits to be instituted where the defendant resides or cause of action arises:- Subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits of whose jurisdiction-

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business or personally works for gain, provided that in such case either the leave of the court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.