Commercial Suit / Regular Suit, for Injunction and damages, etc, for perverted use of the licensed movable or Immovable property
Nature of Cause of action
SUIT AGAINST ONE WHO, HAVING A RIGHT TO USE PROPERTY FOR SPECIFIC PURPOSES, PERVERTS IT TO OTHER PURPOSES: Where a person who is having a right to use a property for specific purposes, but perverts the use of the said property, i.e. a distortion or misapplication of said property – materially impairing the value of a property - rendering it substantially unfit for its natural use – A Suit may be filed for – Removal of the perversion Compensation; Injunction; Ejectment. Relief can be sought for all these aforesaid, Within two years from the date when the alleged perversion of the property first becomes known to the person injured thereby, under Article 84 of the Indian Limitation Act, 1963.
The remedy of Suit is subject to existence of any Arbitration Agreement / Clause between the parties. The remedy of Suit is further subject to exclusive jurisdiction being conferred upon specially constituted Tribunals or Courts, or upon any Statutory Authority, to exclusively deal with certain kind of disputes.
