In which court a suit for redemption of mortgage of immovable property may be instituted. Give reasons and also refer to relevant provision?

Question: In which court a suit for redemption of mortgage of immovable property may be instituted. Give reasons and also refer to relevant provision? [Raj. J.S. 1974]

Find the answer to the mains question only on Legal Bites. [In which court a suit for redemption of mortgage of immovable property may be instituted. Give reasons and also refer to relevant provision?]

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, speaks that a suit relating to foreclosure, sale or redemption in the case of a mortgage of immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated. In this question, the suit is for the redemption of mortgage of immovable property. Thus, in view of the provision made in section 16, the suit may be instituted in the court of that place where the property is situated.

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