Supreme Court Ruling on Territorial Jurisdiction in Specific Performance Cases

Navigating Jurisdiction in Property Disputes: Key Takeaways from Rohit Kochhar vs. Vipul Infrastructure Developers

In a landmark ruling, the Supreme Court reaffirmed the importance of territorial jurisdiction in property-related suits. The dispute arose when Rohit Kochhar sought specific performance of a contract involving commercial property in Gurgaon but filed the suit in Delhi. The defendants objected, citing Section 16 of the CPC, which mandates that cases involving immovable property must be heard where the property is located. The court sided with the defendants, emphasizing that the suit included in rem elements (title and possession), making it a suit for land.

Key Learnings:

·?????? Territorial Jurisdiction Matters: Property disputes must be filed where the property is situated unless the relief depends solely on personal compliance (acts in personam).?

·?????? Specific Performance Requires Readiness: The plaintiff must demonstrate continued willingness to fulfil the contract under Section 16(c) of the Specific Relief Act, 1963.?

·?????? Binding Agreements Are Key: Preliminary negotiations (e.g., letters of intent) may not always constitute enforceable contracts.

This ruling isn’t just about procedural adherence—it’s a reminder for litigants to carefully evaluate jurisdiction, contract terms, and procedural requirements to avoid delays.

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