I have a land ay Birbhum District. I have made an agreement with a promoter to make my building at Kolkata. Both signed that if any dispute we will settle at cKolkata Court. But now Contractor submitted the suit at Birbhum District. Can I say that as per agreement the case to be settled at Kolkata court ? As the land belongs at Birbhum the contractor disagree the terms and says the court has no territorial jurisdiction even we agreed that the settlement to be made at Kolkata court . What is the law? Territorial jurisdiction can not be changed by agreed terms ?
1 Answer from Attorneys
Dear Sir / Madam,
Legal disputes pertaining to immoveable property will be tried in the Court where the property is situated. So in your case, the matter will be heard at the Birbhum Court since the land is in Birbhum. The law prevails over your agreement and territorial jurisdiction cannot be changed by mutually agreed terms.
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