BANK OF MADURAI LTD Vs. BALARAMADASS AND BROS

JUDGEMENT

(1.) This is an order of reference from a learned single Judge of this Court on the point of jurisdiction.

(2.) The suit is one on equitable mortgage by the deposit of title deeds for sale of the immovable property situated in Ooty, outside the territorial jurisdiction of this Court. The mortgage by deposit of title deeds was created at Madras and all the defendants reside in Madras. It was contended by the defendants that this Court had no jurisdiction to entertain the suit. The plaintiff retorted that a suit on mortgage for sale of the mortgage property was not a suit for land and that, therefore, was within the jurisdiction of this Court.

(3.) The controversy between the parties, therefore, turned oh the point whether a suit on mortgage for sale of the mortgaged property was one for land or not. The learned single Judge after reviewing the position of law on this question found that he could not agree with the view taken recently by another single Judge, in the State Industries Promotion Corporation of Tamil Nadu Ltd. v. Arvind Distillery and Chemicals Ltd., (1982) 1 Mad LJ 188. Consequently, he passed an order referring the above question to a larger Bench.