Section 16. Suits to be instituted where the subject-matter situate

 Section 16. Suits to be instituted where the subject-matter situate:

 

 Subject to the pecuniary or 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 foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property;

 

(d) For the determination of any right to or interest in immovable property;

 

(e) For compensation for wrong to immovable property;

 

(f) For the recovery of movable 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 the 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 situates

 or

In the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally work for gain.

Explanation:  In this section, “Property” means property situated in India.

 

               Clause (a) Suits for recovery of immovable property

      According to Clause (a) of Section 16, all suits for taking possession/recovery of immovable property must be instituted before the Court within the local limits of whose jurisdiction the immovable property is situated.

      However, it is very important to note here that the Court within the local limits of whose jurisdiction the immovable property is situated must also be competent to try that civil suit.

      For example : A suit for the recovery of immovable property situated in the City of Mumbai must be filed in a Civil Court of Mumbai having jurisdiction to entertain and decide the suit. The Small Causes Court in Mumbai has no jurisdiction to try and decide such suit.

 

                     Clause (b) Suits for the partition of immovable property


According to Clause (b) of Section 16,

       any suit in respect of partition of immovable property

      must be instituted

      before the Competent Civil Court

      within the Jurisdiction of which

      the immovable property is situated.

 

     Clause (c) Suits for Foreclosure, Sale or Redemption of mortgaged immovable property


      If any immovable property is mortgaged

      Then if any type of Civil Suits for foreclosure, sale or redemption is required to be instituted

      in respect of that immovable property,

      then that civil suits is to be

      instituted before the competent civil court

      within the jurisdiction of which

      the immovable property is situated.


For Example:


A mortgages his immovable property to B to secure payment of money lent to him by B. In this A is the mortgagor and B is the mortgagee.

 

a. Now if A does nor repay the loan of B to him on the due date, then B may institute a suit against A for the sale of mortgaged property, so that the mortgage debt may be paid, out of the sale proceeds of the property; OR

 

b. B may also sue A for the foreclosure of the mortgaged property. The decree in a foreclosure suit provided that if the mortgagor fails to pay the amount that may be found due to the mortgagee within a time specified by the court, then the mortgagor shall be absolutely debarred of all rights to redeem the property.

 

c. On the other hand, if A offers payment of the mortgaged-debt to B, but B disputes the amount with A and also refuses to reconvey the property to A, then A may sue B for the redemption of the mortgage, and in that suit the court will passes a decree ordering an account in relation to the amount what will due to B, and directing that upon A paying to B the amount so due, B shall reconvey the property to A.

 

All these types of suits for foreclosure, sale or redemption must be instituted before the court within whose territorial jurisdiction the mortgaged property is situated.

 

Clause (d): Suits for the determination of any other right to or interest in Immovable Property:

 

A suit for determination of any other right to or interest in immovable property is triable only by that court within whose territorial jurisdiction the suit property is situates.

 

No other court is vested with the power to entertain such a suit.

 

It is very important to mention here is that clause (d) related to such suits in which the determination of any other right to or interest in immovable property not covered by clauses (a), (b) & (c) is involved.

 

The suits which fall under this category include:

1. A suit for injunction restraining interference with the plaintiff’s possession over the land;

2.  A suit for maintenance with a prayer that the payment should be charged on immovable property;

3. A suit for specific performance of agreement to sell immovable property;

4. A suit asking relief of declaration which is related with the determination of rights to or interest in immovable property;

5. Suits relating to have water – course opened, right to eject a person from land, right to future rent to fishing in enclosed water, right to easement, right to remove obstruction etc.

 

All types of these suits must be brought in the court within whose territorial jurisdiction the property is situated, keeping in view its pecuniary jurisdiction.

 

                        Clause (e) - Wrong to immovable property

·        This clause is applicable to all those suits in which compensation is claimed by the plaintiff for wrong done to the immovable property.

·        The expression “wrong to immovable property” denotes all kinds of torts in relation to immovable property such as trespass, nuisance, infringement of easement etc.

·        The appropriate forum for claiming damages for such wrongs is the civil court within whose territorial jurisdiction the property is situated, keeping in view of its pecuniary limits.  

 

Clause (f) – Movable Property actually under distraint or attachment

·        The movable property does not have a locality of its own, instead it follows the person.

·        But once the movable property is attached, then its locality becomes fixed.

·        A suit for recovery of such a property under distraint or attachment must be instituted in a court within whose territorial jurisdiction the property is situated, subject to its pecuniary limits.

 

                            Proviso to the Section 16

·                                There is a proviso attached to Section 16 of CPC.

·                                This proviso gives an option to the plaintiff to choose the court for

      filing the suit:

 a.

(i) Where a suit is in respect of relief respecting immovable property; or

(ii) Where a suit is for compensation for wrong done to immovable property.

b. which immovable property is held by or on behalf of the defendant; &

c. where the relief sought can be obtained through the personal obedience of the defendant,

then the plaintiff may bring the suit in relation to the property in any one of the following courts:

i. the court within the local limits of whose jurisdiction the property is situated; or

ii. the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business, or personally works for gain.

 

                                                Explanation

·        The explanation attached to Section 16 says that the term “property” means property situated in India.

·        Therefore, it is made clear that the authority of Indian Courts is limited to the suits relating to properties which are situated within India and it does not extend to the properties which are situated outside India.

Hence, the Indian Courts have no jurisdiction to entertain the suits in respect of the properties which are situated outside India.   



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