- (1.) This is an appeal against the judgment and order dated 4th March, 2011 passed by the Hon'ble First Court whereby the Learned Judge was pleased to permanently stay the suit on the ground that the same is a suit for land and the land is situated outside the territorial jurisdiction of this Court.
(2.) The plaintiff filed the above suit praying for, inter alia, the following reliefs:- "(a) The purported agreement dated 12th January, 2009 between the defendant no. 1 and the defendant no. 2 with regards to North Mill a copy whereof is contained in Annexure 'C' hereto is wrongful and illegal and the said purported agreement be adjudged null and void and directed to be delivered up and cancelled; (b) Mandatory injunction directing the defendant nos. 1 and 2 to forthwith restore and reconnect supply of water from the Hooghly river to the plaintiff through the pipe line and the water pump laid on the jetty servicing the North Mill; (c) Perpetual injunction restraining the defendants either by themselves or through their servants, agents assigns or howsoever otherwise from in any way interfering with the right of the plaintiff to obtain supply of water from Hooghly river through the pipe line and the water pump laid on the jetty servicing the North Mill; (d) Decree for Rs. 83,44,993.66 against the defendant nos. 1 and 2 as pleaded in paragraph 18 hereinabove; (e) Interim interest and interest on judgment at the rate of 15% per annum; (f) An enquiry be made into loss and damage suffered by the plaintiff and a money decree be passed against the defendant no. 2 for such sum as may be found upon such enquiry;"
(3.) The agreement dated 12th January, 2009 which has been assailed in prayer (a) of the plaint is an agreement for transfer of a particular mill described as North Mill by the defendant no. 1 to the defendant no. 2.;