CHANDULAL P PATEL Vs. JAYWANT H THAKUR

JUDGEMENT

(1.) THIS Chamber Summons is taken out for revocation of the leave granted under Clause 12 of the Letters Patent. The suit is filed for specific performance of a Deed of Assignment 1st of development rights dated February 2003 and in the alternative for receipt of a certain sum claimed by the plaintiff as damages. The Suit is also for declaration that another agreement for development dated 31st December 2007 is void.

(2.) IT is conceded by all the Advocates that the Suit for specific performance is not a Suit for land under Clause 12 of the Letters Patent. That has been held in the Full Bench judgment of this Court in the case of Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw, AIR 1927 Bombay 278 and ultimately upheld even by the Supreme Court in the case of adcon Electronics Pvt. Ltd. Vs. Daulat and another AIR 2001 S. C. 3712. This is therefore not a suit for land.

(3.) THE Deed of Assignment of development rights dated February 2003 for specific performance of which the Suit has been essentially filed was executed in Mumbai. The consideration was paid in Mumbai. Therefore, the entire cause of action has arisen in Mumbai. This Court would have territorial jurisdiction to try the Suit even without grant of leave under Clause XII of the Letters Patent.