AIR 1959 CALCUTTA 616 ::63 Cal WN 316 ::ILR (1960) 1 Cal 1

Calcutta High Court

Hon'ble Judge(s): A. N. Ray , J

(A) Letters Patent (1865) (Cal) , Cl.12— Two separate mortgages - Jurisdiction of Court. Transfer of Property Act (4 of 1882) , S.67A— Under Cl. 12 in a suit for land it is the situation of the land which confers jurisdiction. Under clause 12 in suits for land the questions whether the defendant resides within the jurisdiction mid whether cause of action arose within the jurisdiction are totally irrelevant. In a suit for land with leave under Cl. 12 of the Letters Patent the Plaintiff has to show that whole of the land or part of the land is within the jurisdiction. A mortgage suit is a suit for land within cl. 12. If one and the same mortgage deed comprised two properties in different territories a suit can be filed in the territory of one court where part of the land is situated. If there are two separate mortgages the High Court will have no jurisdiction to try the suit unless each mortgage contains the whole or part of the land within the jurisdiction of the High Court. To hold that S. 67A of the Transfer of Property Act is a part of the cause of action and to enable the plaintiff to combine in one suit different mortgages in different territories would be to engraft into the words of cl. 12 of the Letters Patent a new category of jurisdiction in suits for land. Case law discussed.(Para 19 20 24 ....