Suit for Land Guiding principles - Suit where adjudication would affect title to immoveable property or for possession of immovable property is Suit for land Even if object of Suit is different

Citation

2018 (4) CTC 721 (Mad)

IN THE HIGH COURT OF MADRAS

M.M. Sundresh & N. Anand Venkatesh, JJ.

O.S.A. Nos. 104, 105, 110, 111, 122 & 123 of 2017 & C.M.P. Nos. 7343, 7344, 7517 & 8147/2017.

July 23, 2018

Harsha Estates, Rep. by Its Managing Partners, Dr. M. Shivabhagyam & 3 Others, No.1/1, Arihant Occan Towers, No.77, Wallajah Road, Chennal-600 002; V. Noorjahan; M.P. Faroook [impleaded in A. No.3289/2013, Dated 29.7.2013]; Dr. D. Masthan [impleaded in A. No.3898/2013, Dated 17.9.2013]

Vs

Dr. P. Kalyana Chakravarthy; P. Naveen Chakravarthy; Om Sakthy Agencies (Madras) Pvt. Ltd., Rep. by Its Authorised Signatory, S. Udayakumar, Te-64, Sidco Industrial Estate, Ekkattuthyangal, Chennai-600 032; M. Ragunathan [defendants 2 to 4 Impleaded as Per Order Dater! 27.10.2015 in A. Nos.3290 & 3292/2013 and Time Extended as Per Order Dated 1.4.2016 in A. Nos. 1786 to 1791/2016]

Appellant

...Defendant

Letters Patent, Clause 12-Suit for Land Guiding principles - Suit where adjudication would affect title to immoveable property or for possession of immovable property is Suit

for Istal Even if object of Suit is different, but involves adjudication of title in land indirectly, it is Suit for land-Suit seeking control of land is also Suit for land- Determination

of any right or interest over immovable property will also come within ambit of Suit for Land Suit for bare Injunction relating to immovable property involves issue of possession

and is Salt for land Suit for Specific Performance with or without claim for delivery of possession immovable property is Suit for land-Where relief is enforcement of Agreement

but where possession has already been delivered and there is no denial of such possession, it is not Suit for land Suit for Specific Performance and Injunction, but claiming

possession is Suit for land as Defendant had denied delivery of possession - Revoking leave confirmed in Appeal and Suit transferred to concerned Court with directions - Case-law

wrveyed and principles summarized.