SHAMEEM AHMED Vs. EGMORE BENEFIT SOCIETY LIMITED

JUDGEMENT

(1.) In Application No.7155/1994 the applicant in his affidavit contends as follows: The applicant has filed the suit for declaring that the mortgage deed dated 1-8-1994 created by the respondents 2 to 6 in favour of the first respondent comprising of undivided half share of the applicant in C Schedule property is invalid and illegal. The suit is also for granting permanent injunction restraining the defendants in any manner transferring, alienating or encumbering the said property. The respondents-defendants are residing and carrying on business at Madras. The property is situated outside the jurisdiction of this Court. Hence the application.

(2.) Leave to sue was granted on this application on 14-12-1994.

(3.) The respondents filed A. No.965/1995 to revoke the leave granted contending as follows: The dispute in question is in respect of land only. No part of cause of action had arisen within the jurisdiction of this Court. Suit in question being-one with reference to immovable property which is outside the ordinary. Original Civil jurisdiction of this Court, the Court has no jurisdiction to entertain the matter and consequently the leave granted will have to be revoked. Averments in the counter with regard to the merits of the case are not extracted, since they are not material to this application.