LAND MATTER

In most cases of property dispute, the process followed is same except slight variation in case of contested and uncontested case. The procedure followed is:

1. Filing of petition supported by verification and Affidavit.
2. Service of summons to other party.
3. Filing of written statement by the other party.
4. List of documents and witnesses
5. Issue Frame
6. Trial- evidence of both parties and their cross examination.
7. Argument of both parties.
8. Final Order/Judgement.

Jurisdiction to file property dispute is as follows:

In case of suits relating to immoveable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situated.

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, 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.

As per Section 15 of the Civil Procedure Code one cannot file a case under any court it is always advisable to file a case under the lowest grade competent Court, the initiation of a suit is limited by the territorial and pecuniary jurisdictions of the court. 

According to Section 16 of the Civil Procedure Court, various suits can be filed which is subjected to the pecuniary and other limitations as prescribed by the law, suits:

1. For the recovery of immovable property with or without rent or profits.
2. For the partition of immovable property.
3. For the foreclosure, sale or redemption in the case of a mortgage or any charge on immovable property.
4. For the determination of any other right to, interest in immovable property.
5. For compensation to the damage done to immovable property.
6. For the recovery of immovable property under distrait or attachment.

If the suit is maintainable for the relief obtaining any damage done to the immovable property by the defendant, the suit can be instituted in the court either where the defendant voluntarily resides and carries on business, or personally works for gains or in the local limits of where the property is situated within the jurisdiction of the court. Along with the above mentioned suits one can also file various other suits:

Suits for immovable property situated within the jurisdiction of the other courts: When the suit is maintainable for the relief obtaining for the compensation for wrong to immovable property within the jurisdiction of different courts then the suit can be instituted local limits of whose any portion of the property is situated provided that the subject matter of the suit and the entire claim is cognizable.

Suits for compensation any wrong to movables or persons: When the suit is maintainable for the compensation to any movable property or person, if the wrong was done within the jurisdiction of any one of the court and the defendant resides and carries on with his business in other jurisdiction of the court than on the will of the plaintiff the suit can be instituted in any one of the jurisdictions.

Suits to be instituted when there is more than the defendant: When there is more than one defendant or 10 defendants in a given case and all the defendants reside in all 10 different places but the plaintiff resides in proximity to one of the defendants. Where can the plaintiff file the suit? Section 20(b) of Civil Procedure Court explains that the plaintiff can initiate a suit where the cause of action arises within a jurisdiction, a plaintiff in this situation cannot file a suit at all 10 different places so where the cause arises a suit can be initiated in that particular jurisdiction.