Showing posts with label averments in plaint. Show all posts
Showing posts with label averments in plaint. Show all posts

Friday, 16 May 2014

Whether jurisdiction of court is to be decided on the basis of averments in plaint?

 It is a settled and an elementary rule of law that to see
whether a suit is between a landlord and tenant one must see the
Plaintiff's case from the plaint, whatever be the defence. The Plaintiff
is the dominus litis. It is for him to sue. It is for the Plaintiff to show
whether his suit is between him as the landlord and the Defendant as
the tenant for recovery of possession, for recovery of rent of any other
application under the Maharashtra Rent Control Act. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2955 OF 2010

Shaikh Jaber Abdulah J AI Sabah Vs. Ravindra Mukund Chafe

CORAM : MRS. ROSHAN DALVI, J.

DATED : 19th December, 2013
Citation;2014(3) ALLMR 293 Bom


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