S K J DHANASEKAR NO 2 LADY MADAVA ROAD MAHALINGAPURAM CHENNAI 34 Vs. S V S JAWAHARLAL E L H I G FLATS MOGAPPAIR CHENNAI

JUDGEMENT

(1.) THE appellant is aggrieved by the refusal of leave to institute a suit in this court seeking the relief of specific performance of an agreement for the conveyance of land situated outside the jurisdiction of this court as also the possession of one of the items of the lands, subject matter of the agreement being two items of land.

(2.) LEARNED counsel for the appellant submitted that the defendants reside within the jurisdiction of this court and that the agreement was also entered into in this city of Madras and, therefore, the leave ought to have been granted.

(3.) CLAUSE 12 of the Letter Patent clearly refers at the first instance to "in the case of suits for land or other immovable property". It thereafter refers to " or in all other cases". The words "or in all other cases" refer to all cases and other than suits for land or other immovable property.