B RATANSINGH Vs. P G SEKAR

JUDGEMENT

(1.) The Defendants in C.S. No. 695 of 2011 filed the above Application to revoke the leave granted to the Respondent/Plaintiff in Application No. 3113 of 2011. The Respondent/Plaintiff filed C.S. No. 695 of 2011 for the following reliefs:

(2.) The Suit properties are situate out side the Original jurisdiction of the Madras High Court and the parties entered into an Agreement of Sale, dated 17.7.2008 at Korukupet, Chennai, which is situate within the jurisdiction of this Court and therefore, the Suit was filed for the enforcement of the Agreement of Sale, dated 17.7.2008 and as the properties are situate out side the jurisdiction of this Court, leave was sought for in Application No. 3113 of 2011 and leave was granted on 8.7.2011 and to revoke the said leave, the present Application is filed.

(3.) It is submitted by Mr. M. Ramesh, the learned Counsel appearing for the Applicants that as per the Agreement, dated 17.7.2008, which is sought to be enforced in that Suit, the Applicants are bound to deliver vacant possession at the time of execution of Sale Deed. Therefore, the Respondent/Plaintiff is entitled to seek delivery of possession of the property, after getting the Sale Deed executed, as per the Decree to be passed in that Suit and therefore, the Suit is virtually a Suit for Specific Performance and for recovery of possession and therefore, it has to be construed as a 'Suit for land', as per Clause 12 of the Letters Patent and as per Section 16 of Civil Procedure Code, when a Suit is one for land, the Suit can be filed within the jurisdiction of the Court, where the property is situate and admittedly, the properties are not situate within the Original jurisdiction of this Court and therefore, this Court has no jurisdiction to entertain the matter and therefore, the leave already granted is liable to be revoked.