DEBENDRA NATH CHOWDHURY Vs. SOUTHERAN BANK LTD

JUDGEMENT

(1.) COURTS in India have been laboriously cultivating "land" in the field of Clause 12 of the letters Patent of the Chartered High Courts. Long and deep are the judicial furrows. Rich is the harvest. No judicial Ricardo has been able to discover any law of diminishing return in this area. The crop of judicial decisions is abundant and varied to suit every legal taste. In this appeal some examination of this harvest is inevitable before a decision can be reached.

(2.) THE simple question in this appeal is whether a suit for specific performance of a contract is a "suit for land" when the subject-matter of the contract is 'land'. On the soil of Clause 12 of the Letters Patent of this High Court, this simple question, however, has many complicated traditions.

(3.) THIS is an appeal from the judgment of G. K. Mitter, J. , dismissing the plaintiff's suit for specific performance of an agreement to grant a sub-lease of fire-clay lands in Santhal Parganas outside the jurisdiction of this Court. The plaintiff claims jurisdiction on the ground that the defendant, a Limited Company, has its registered office and carries on business at 24, Netaji Subhas Road, Calcutta, within the original jurisdiction of this Court. The specific prayers in the plaint is for a decree directing the defendant to execute and register the sub-lease, and in default, directing the Registrar of this Court to execute the sub-lease on behalf of the defendant. No other reliefs are claimed except damages. No possession of the lands is claimed in this suit.