A.N. Ray, J. - (1.) This is an application for revocation of leave granted under Clause 12 of the Letters Patent after, however, the Defendants have filed their written statements and after two interlocutory applications have been fought out between the parties.
(2.) For the purpose of deciding whether the plaint should be rejected outright by revocation of leave and whether the suit should be held to be a suit for land situate wholly outside the local limits of the Ordinary Original Civil Jurisdiction of this Court, which are the submission of the Defendants, the plaint has to be accepted as it stands. The Defendants have submitted that even on the basis, accepting the plaint as it is, the same would appear clearly to be a suit for land, and since the land is at Lake Road outside the local limits, the suit must forthwith fail and the leave already granted must be revoked.
(3.) The Plaintiff, on the other hand, has submitted that the suit is not a suit for land and is in reality a suit in personam, for such personal reliefs as grant of a decree of specific performance and grant of an order for personal injunction against transfer of property. They, have said that the prayer for declaration of voidness of the subsequent agreement entered into by and between the Defendants in respect of the said same property is also not a claim in the nature of a claim for or in relation to land.;