Suit for recovery of amount on mortgage in respect of property situated outside jurisdiction of the Court, cannot be classified as suit for land - suit on mortgage of property outside jurisdiction is held as maintainable.

Citation

2012(4) CTC 151

 a suit for mortgage is not a suit for land in

 Vikram Singh Raja Bonsle Vs. Jeganathan & others reported in 2012 (2) TLNJ 268

 which clearly held that:“Civil Procedure Code 1905 as amended, Section 16 – Suit to enforce mortgage for recovery of money filed in Original Jurisdiction of Madras High Court – Mortgaged Property situated outside the original jurisdiction of Madras High Court – objected by defendant on the jurisdiction aspect – trial Judge felt that suit is not one for land title dispute and for recovery of money and therefore held as maintainable – on appeal to the intra court bench, confirmed the view of the Single Judge and held that suit for recovery of amount on mortgage in respect of property situated outside jurisdiction of original side of High Court, cannot be classified as suit for land – (para 13) suit on mortgage of property outside jurisdiction is held as maintainable”.