HARI CHAND Vs. JAISHI RAM

JUDGEMENT

(1.) THIS appeal raises a short question of law with regard to the jurisdiction of the Trial Court, who heard the suit.

(2.) THE facts relevant for the decision of the present appeal are that the plaintiff filed a suit for specific performance of contract claiming that the defendants 1 and 2 had entered into and agreement to sell certain property situate in Tehsil Dehra, to him for a total consideration of Rs. 12,000/-. According to the plaintiff, he had paid Rs. 8,000/- in advance. Defendant Nos. 1 and 2 contested the suit and filed a written statement. The agreement was admittedly executed within the territorial jurisdiction of the Courts at Amb. This suit was contested on various grounds and one of the grounds of contest was that the Court at Amb had no jurisdiction to decide the matter, since the immovable property, specific performance with regard to which was sought, was situated in Tehsil Dehra, territorial jurisdiction of which fell within the domain of the Courts at Dehra.

(3.) IT would be appropriate to mention here that during the course of the suit, it was transpired that in fact defendant Nos. 1 and 2 had sold their shares in the suit land to defendant No. 3 Jaishi Ram, who was impleaded as defendant No. 4. As the defendant No. 4 was the only aggrieved party, he filed the appeal before the learned Lower Appellate Court. The learned Lower Appellate Court held that the suit was governed by Section 16 of the Code of Civil Procedure and since the suit related to right or interest in immovable property situate within the territorial jurisdiction of the Courts at Dehra and outside the jurisdiction of the Court at Amb, the Court at Amb had no jurisdiction. The appeal was allowed and the plaint was ordered to be returned to the plaintiff for presentation before the appropriate Court at Dehra. This order is under challenge in this appeal.