M. HARIHARASUDHAN versus R. KARMEGAM AND ORS.

M. HARIHARASUDHAN versus R. KARMEGAM AND ORS.

The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 does not oust the jurisdiction of the civil court either expressly or by necessary implication. The Act provides only an additional remedy for compensation, and Section 14 of the Act clearly recognizes concurrent jurisdiction of the civil court to entertain a suit for damages. Thus, claims for damages under the common law can still be pursued in civil courts.

Parties
Appellant: M. Hariharasudhan; Respondents: R. Karmegam and Ors.
Jurisdiction
India
Judgment Date
17 October 2019
Procedural Posture
Civil Appeal / Appeal From High Court Decision; Matter Remitted to High Court for Decision on Merits
Outcome
Appeal allowed; High Court judgment set aside; matter remitted to High Court for decision on merits.
Legal Topics
Jurisdiction of Civil Courts, Ouster of Jurisdiction, Statutory Remedies, Concurrent Remedies
Civil Procedure Tort Law Jurisdiction of Civil Courts Ouster of Jurisdiction Statutory Remedies Concurrent Remedies

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Parties

M. Hariharasudhan

Appellant

R. Karmegam and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision; Matter Remitted to High Court for Decision on Merits

Legal Issues

  1. 1 Whether the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 excludes the jurisdiction of the civil court to entertain a suit for damages.

Ratio Decidendi

The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 does not oust the jurisdiction of the civil court either expressly or by necessary implication. The Act provides only an additional remedy for compensation, and Section 14 of the Act clearly recognizes concurrent jurisdiction of the civil court to entertain a suit for damages. Thus, claims for damages under the common law can still be pursued in civil courts.

Court Disposition

Appeal allowed; High Court judgment set aside; matter remitted to High Court for decision on merits.

Orders

  • Appeal allowed.
  • Judgment of the High Court set aside.