Jurisdiction of Civil Court where suit is simpliciter for injunction based upon possession of property

Sec. 9– Jurisdiction of Civil Court where suit is simpliciter for injunction based upon possession of property The Civil Court has plenary jurisdiction to entertain all disputes except in cases where the jurisdiction of the Civil Court is either expressly or impliedly barred in terms of Section 9 of the Code. Since there is no implied or express bar of jurisdiction of the Civil Court in terms of Section 9 of the Code, the Civil Court has plenary jurisdiction to decide all disputes between the parties. The issue of jurisdiction of the civil court has been considered by this Court in South Delhi Municipal Corporation & Anr. v. Today Homes and Infrastructure Pvt. Ltd. etc.(1993) 3 SCC 161) wherein this Court held as under: “11. Any person having a grievance that he had been wronged or his right has been affected can approach a civil court on the principle of ‘ ubi jus ibi remedium’ - where there is a right, there is a remedy. As no internal remedy had been provided in different statutes creating rights or liabilities, the ordinary civil courts had to examine the grievances in the light of those statutes. With the advent of a ‘Welfare State’, it was realised that enactments creating liabilities in respect of payment of taxes, obligations after vesting of estates and conferring rights on a class of citizens, should be complete codes by themselves. With that object in view, forums were created under the Acts themselves where grievances could be entertained on behalf of the persons aggrieved (Shiv Kumar Chadha v. Municipal Corporation of Delhi.” 

Case Law:

irpa Ram D Tr Lrs vs. Surender Deo Gaur, 

Citation:

AIR 2021 SC 57