Our company did a 20 years lease contract with a builder. The contract includes basic terms and understanding. Some advance payment was also done. Now that all our planning has been done, the builder is not registering lease agreement with us because they want to make changes in basic terms that we agreed on. Legal notices have been sent and they replied to first notice. They didn't respond to our last letter and now we want to file a case with an appeal to the court to order builder that they register lease agreement without modifying basic terms that we have already signed. Our company's registered office and builder's registered office is in Delhi, however, the property is in Noida. I am confused because some lawyers say that case should be filed in Delhi because both company's registered office is in Delhi but some lawyers say that because property is in Noida case should be filed in UP state.
there must be clause regarding jurisdiction in the lease contract
2) it would provide that in event of any disputes legal proceedings have to be filed in with in jurisdiction of courts at X only
3) if no such clause exists then you can file suit in Delhi or in Noida
In case of disputes between homebuyers and builder correct forum is RERA or Consumer Court.
Jurisdiction has to where the complaint needs to be filed is decided as per the value of the case.
If the subject matter of the case is more than one crore, it goes to NCDRC,New Delhi.
Alternatively, a complaint can be filed in RERA too, which is in Greater Noida.
@Ajay Sethi - There is nothing mentioned in the contract about court jurisdiction applicability. @Siddharth Jain - This is a company to company transaction for office space and not consumer or home buyer case. I feel RERA or NCDRC would not of any help here. Is this correct? I am afraid if we go to Delhi court, the builder might cause delay saying that this case is in the jurisdiction of UP. If we go to Noida court, the builder might cause delay saying that our registered office is in Delhi and hence case should be filed in Delhi. I am confused between lawyers.
If the lease agreement is not registered, a suit for specific performance can be filed in Delhi as substantial cause of action has arisen in Delhi and the opposite party has a registered office in Delhi.
Also, You can file a suit for damages in civil court to claim exemplary damages on account of non performance of agreed upon terms and conditions, after taking money for the same.
1) where was the contract signed?
2) if it was signed at Delhi then Delhi courts would have jurisdiction
3) if signed at Noida you can take legal proceedings in Noida
1) Where the property reside and party reside. If all are in one city than you can file case in that particular city otherwise you can go with where the signature took of agreement place, if jurisdiction clause is not mentioned.
Hi,
The jurisdiction for the legal suit will be Noida, where property is situated. Mainly for the reason that the claim involved determination of lease rights over the immovable property which is covered under Rule 16 of Civil Procedure Code.
Hello
The cause of action arose because of the land that is situated in the state of up. The dispute relates to this property. Therefore the bundle of facts which constitute the present dispute exist due to th he land and hence the courts in UP have jurisdiction. The address of office has nothing to do with the dispute. You can shift your office to Bombay but the land would still be in Noida. Therefore proceed accordingly.
Regards
Hi
1) Since your prayer to court is to direct the builder to register the lease agreement, only Noida courts will have jurisdiction over the dispute.
2) Section 16 & 17 of Civil Procedure Code specifically mentions that suits pertaining to immovable property shall be filed only in the courts having jurisdiction over any portion of the property is situated.
3) It is immaterial where the parties to the agreement are located and what jurisdiction parties agree to have their dispute settled.
4) In your case Section 16 (d) will be applicable as it is lease contract registration.
Section 16 of the Civil Procedure Code is as follows:
"Suits to be instituted where subject matter situate: Subject to the pecuniary and other limitations prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits.
(b) for the partition of immovable property.
( c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property.
(d) for the determination of any other right to or interest in immovable property.
(e) for compensation for wrong to immovable property.
(f) for the recovery of immovable property actually under distraint or attachment,
5) Even by virtue of Section of 17 of CPC, Only Noida courts will have jurisdiction over your dispute.
Section 17 of Civil Procedure Code which runs as follows :
Suits for immovable property situate within jurisdiction of different courts:- Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such court.
Hope this information is useful.
It will be filed in noida since the immovable property is in noida.
According to CPC noida is proper jurisdiction since property is there you can freely file there.
If nothing has been mentioned in the contract, both the courts of jurisdiction to entertain the suit.
RERA or NCDRC won't be of any help.
If company's registered office is in Delhi you should a suit for specific performance of the contract in Delhi
mostly the jurisdiction will be noida as the property is situated there. Actually your contract should mention the jurisdiction point. You can pray to the court to first decide jurisdiction to avoid the said doubt.
The place of cause of action will decide the territorial jurisdiction for filing the case.
If the cause of action has taken place, i.e., the negotiations and the original lease agreement was prepared and the legal notice was sent from Delhi, you may file a consumer case or a civil case in the court within Delhi.
Also you may verify if there is any juridictional point discussed in the agreement, if so, that will navigate you accordingly.
Dont get confused over the different views of different lawyers.
After collecting concrete information about further course of legal action, dont hesitate about to proceed on the issue.
Decide to file the case in any place, dont worry abot what the builder will do at a later point of time, let him come out with his own defence which is his right, you cannot anticipate all such things and further delay the matter from filing a case.
If you want a quicker relief, decide fast and file a case in any place, let the court decide about it and not the builder.