Molly Antony, Senior Citizen Aged About 80 Years v. Dheeraj Bansal And Another

A.No.1399 of 2024 A.No.1399 of 2024 C.V.KARTHIKEYAN , J.

Application has been filed under Clause 12 of the Letters Patent, seeking leave to institute the suit within the jurisdiction of this Court.

2. The suit had been filed seeking a direction against the defendants to vacate and handover vacant possession of the suit Schedule Property and directing the petitioner to pay a sum of Rs.19/- lakhs being the outstanding of Rs.10/- lakhs together with interest and also for a sum of Rs.66,34,882/- for damages for illegal use and occupation of the suit Schedule Property.

3. The suit Schedule Property was described in the Judges Summons and it is stated that it is situated at Perungudi, Sholinganallur Taluk in Kancheepuram District.

4. Among the various relief's sought in the suit there is also a relief to handover vacant possession. One possession is sought, it is a suit for land. If it is a suit for land, the suit should be presented within the territorial jurisdiction of the Court, where the land is situated. The property is situated outside the territorial jurisdiction of this Court.

5. The Court has no jurisdiction to examine the issues raised. The petition stands dismissed. The petitioner is at liberty to represent the plaint before the Competent Court having territorial and pecuniary jurisdiction. https://www.mhc.tn.gov.in/judis 1/2

A.No.1399 of 2024 C.V.KARTHIKEYAN , J.

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6. The only saving grace is that the period for which, this application has been pending before this Court would be saved under Section 14 of the Limitation Act, if at all, the issue of limitation has put against the plaintiff by the defendants at any time. If any original documents had been filed, the Registry may return the same on substituting the same with copies. 10.06.2024 ssi A.No.1399 of 2024 https://www.mhc.tn.gov.in/judis 2/2