‘A’ wants to file a suit for compensation for the wrong committed with respect to immovable property situated in Chennai. In which court ‘A may file a suit?

Question: ‘A’ wants to file a suit for compensation for the wrong committed with respect to immovable property situated in Chennai. In which court ‘A may file a suit? Give reasons for your answer and also refer to the relevant provision made on the point.

Find the answer to the mains question only on Legal Bites. [‘A’ wants to file a suit for compensation for the wrong committed with respect to immovable property situated in Chennai. In which court ‘A may file a suit?]

Answer

This question is based on Section 16, The Code of Civil Procedure, 1908. Section 16 provides the jurisdiction of the court in case of immovable property. It states that –

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) or 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 movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situated.

The relevant part of Section 16 on which the question is based, lays down that a suit for compensation for the wrong done to immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated.

In the instant problem, the immovable property is situated in Chennai. Thus, in view of the provision made in Section 16, ‘A’ may institute the suit regarding compensation for wrong done to concerned immovable property.

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