VARDEN T JAMES Vs. FARHANG AZHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15th September 2003 passed in the Notice of Motion No. 2892/2003 in S. C. Suit No. 3517 of 2003 by the City civil Court, Bombay, directing return of plaint under order VIII Rule 10 while adjudicating upon the question raised under section 9-A of the Code of Civil procedure ('the C. P. C. " for short), and thereby holding that it had no jurisdiction to entertain and try the suit in question. The Facts:

(2.) THE dispute relates to the shop premises bearing. Nas. 16 and 17 situate at the junction of St. John's street and Pali Road, Bandra (E), Mumbai- 400 050 ('the suit premises' for short ).

(3.) THE suit premises are admittedly owned by the plaintiff. The plaintiff claims to have given it to the defendant for conducting business under an agreement dated 17. 3. 2001. As per the said agreements the defendant was to conduct business in the suit premises from 16. 3. 2001 till 15. 3. 2004.