RASHMOY DAS Vs. RAJASHREE ENCLAVE PVT LTD

JUDGEMENT

(1.) This is an application filed under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint and for revocation of leave granted under Clause 12 of the Letters Patent.

(2.) The case of the petitioner-defendant Nos. 1 and 2 is that C. S. 144 of 2008 has been filed for a declaration for cancellation of the Deed of Conveyance dated 28th May, 2008 and for perpetual injunction from taking any steps in respect of such deed, as the Deed of Conveyance executed in 2008 is in respect of premises no.P-82, Lake Road, Calcutta which is admittedly outside the jurisdiction of this Court. As the suit is for land this Court will have no jurisdiction to entertain the same and leave granted under Clause 12 of the Letters Patent be revoked and the plaint be returned to the appropriate Court. Reliance is placed on (2003) 2 WBLR (Cal) 42 para 15; AIR 1981 Cal 307 and the unreported judgement in C. S 275 of 2007 (M/s. Vikash Metal & Power Ltd. Vs.- M/s. Niranjan Hi-tech Ltd. & Ors.).

(3.) From the deed of conveyance certain rights flow with regard to the enjoyment and possession of the said land. The said Deed also provides for receipt of rent and profits including the right to have the property mutated. This will render the same to be a suit for land, as not only by virtue thereof rights have been vested in the purchaser, cancellation of such rights will affect the possession of not only the purchaser of the suit premises but will give possession so also restore title in favour of the plaintiff-respondent which at present by virtue of the Deed of Conveyance is vested in the purchaser. Paragraph 22 of the plaint has also recognised the invasion of the plaintiff's right to enjoyment of the property by reason of the said Deed of Conveyance. Any decision taken in the suit is likely to affect the title and possession of the purchaser, which by virtue of Section 55(1)(f) of the Transfer of Property Act will be decided. Therefore, possession which is incidental to conveyance will be affected. This, therefore, renders the instant suit as a suit for land and this Court in view of lack of jurisdiction ought to return the plaint to the appropriate forum.