Salil Kumar Datta, J. - (1.) This rule, is directed against an appellate order dated July 7, 1976 whereby it was held, in reversal of the order of the learned Munsif, that the trial Court had the jurisdiction to try the suit and the suit was remanded for trial on merits
(2.) The predecessor-in-interest of the opposite parties instituted Title Suit No. 3 of 1971 in the court of the Fourth Munsif at Alipore for a decree for permanent injunction restraining the defendants, the petitioners in this Court, and/or their men or agent from entering the suit premises viz. 13, Canal Street, P. S. Entally, Calcutta and from disturbing or interfering with the plaintiff's possession by breaking open locks of the doors of the main building therein or otherwise. After filing the suit the plaintiff filed an application for temporary injunction in terms of the prayer made in the plaint and obtained an interim order.
(3.) The petitioners on entering appearance in the suit filed a written objection to the application, contending inter alia that they were in occupation of the suit premises and no possession thereof was ever taken in execution of the decree as alleged. Further the defendant No. 1 did not reside at premises No. l/2, Harish Mukherjee Road, which was within the Jurisdiction of the Court but he resided elsewhere outside the said jurisdiction. It was further stated that the trial court had no territorial jurisdicion to try the suit and admittedly the suit premises were situate outside the jurisdiction of the said court while the office of the defendant No. 2 was also outside the jurisdiction aforesaid.;