Debi Prasad Sengupta, J. - (1.) The present appeal has been preferred against the judgment and order dated 1.10.2002 passed by the learned Trial Judge in G. A. No. 3542 of 2002 (Suit No. 136 of 1999).
(2.) The respondent No. 1/plaintiff filed a suit in this Court on 8th March, 1999 against the present appellants as defendant Nos. 1 to 3. The subject matter of the suit relates to a property situated at 12, Dr. P. K. Banerjee Road, Howrah which is outside the jurisdiction of this Court. The present appellants are the lessees in respect of the suit premises and the period of lease, which is for 31 years, has not yet expired. The suit was filed following a notice dated 20.3.1998 issued at the instance of the respondent No. 1/plaintiff to determine and/or terminate the lease dated 13.5.1985 in respect of the said premises. By the said notice the said lease was terminated and the appellants were called upon to deliver possession of the suit premises.
(3.) It is the contention of the learned Advocate of the appellants that the appellants are the lessees under the registered deed of lease dated 13th May, 1985 for a term of 31 years commencing from 16th May, 1985 under the plaintiff/lessor of an immovable property situated in Howrah. The suit has been filed by the lessor for declaration that the lease stands determined for forfeiture and permanent injunction restraining the defendants from dealing with the property and from realising rents issues and profits of the property. From the nature of pleadings made and the nature of relief sought for in the plaint, it becomes evident that the said suit is a Suit for Land. According to the Code of Civil Procedure the suit was required to be filed in Howrah Court within whose jurisdiction the said immovable property is situated. The relief as sought for in the plaint, it is submitted by the learned Advocates of the appellants, makes it clear that the same relates to title, possession, control and management of and touching the said immovable property and hence the same is a suit for land. In such circumstances, it is submitted by the learned Advocate of the appellant, this Court has no territorial jurisdiction to entertain the said suit and no such jurisdiction can also be invoked only by merely showing that the agreement entered into within the jurisdiction of this Court. The appellants/defendants in the facts and circumstances stated above, filed a demurrer application on 3.9.2002 for revocation of leave under Clause 12 of Letters Patent. The said application was taken up for hearing by the learned Trial Judge and by the impugned order dated 1.10.2002 the learned Judge rejected the said application with a finding that the said suit is not a suit for land as the same was filed only against forfeiture of lease and for which no title to the property was required to be determined or adjudicated.;