TMI Blog2001 (9) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... ndum also in regard to the suit property on August 1, 1987. Disputes arose between the parties with regard to the performance of the said agreement. The plaintiffs filed Suit No.1088 of 1989 in the High Court of judicature at Bombay (for short, the High Court) against the defendant praying, inter alia, for a declaration that agreement dated July 12, 1986 and memorandum dated August 1, 1987 are subsisting and binding on the defendant and for a decree of specific performance of the said agreement and memorandum. The suit was filed with the leave of the court under clause 12 of the Letters Patent of the High Court of Judicature of Presidency of Bombay (referred to in this judgment as the Letters Patent). A learned single Judge of the High Court granted leave on April 4, 1989. The defendant took out chamber summons No.862 of 1989 in the suit for revocation of the leave granted to the plaintiffs. The learned single Judge dismissed the chamber summons on January 22, 1990. That order was assailed by the defendant in L.P.A. No.697 of 1990. A Division Bench of the High Court dismissed the L.P.A. on July 30, 1990. It is that order of the Division Bench which is under challenge in this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riginal jurisdiction in cases falling within the jurisdiction of the Small Cause Court at Bombay, in which the debt or damage, or value of property sued for does not exceed one hundred rupees. Leaving the words which are not relevant for our purpose the said clause will read as follows : And We further ordain that the said High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try, and determine suits of every description, if, in the case of suits for land or other immovable property such land or property shall be situated, or in all other cases if the cause of action shall have arisen, either wholly, or in case the leave of the Court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said High Court, or if the defendant at the time of the commencement of the suit shall dwell or carry on business, or personally work for gain within such limits......... Thus, it is clear that under clause 12 of the Letters Patent, the High Court in exercise of its ordinary original jurisdiction will have power to receive, try and determine : (1) suits for land or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Division Bench of the Bombay High Court held that the suit was within the jurisdiction whether regarded as a suit for specific performance or to enforce equitable mortgage by deposit of title deeds as a court of equity in England could entertain it. In M/s.Moolji Jaitha and Co. Vs. The Khandesh Spinning and Weaving Mills Co. Ltd. [A.I.R. (37) 1950 Federal Court 83], there is divergence of opinion among the learned Judges of five-Judge Bench of the Federal Court in regard to the import of the expression suit for land. Chief Justice Kania opined, Taking the suit as a whole, one has to consider whether it is for the purpose of obtaining a direction for possession or a decision on title to land, or the object of the suit is something different but involves the consideration of the question of title to land indirectly. Justice Fazl Ali observed, If I had really felt that I was called upon to decide it, I would have agreed with the line of cases in which it has been held that, broadly speaking, the expression suit for land covers the following three classes of suits : (1) suits for the determination of title to land; (2) suits for possession of land; and (3) other suits in which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cutta 626] a Division Bench of the Calcutta High Court took the view that the suit for specific performance of the contract to execute and register a lease with alternative claims for damages is not a suit for land within the meaning of clause 12 of the Letters Patent. From the above discussion it follows that a suit for land is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property. Whether a suit is a suit for land or not has to be determined on the averments in the plaint with reference to the reliefs claimed therein; where the relief relates to adjudication of title to land or immovable property or delivery of possession of the land or immovable property, it will be a suit for land. We are in respectful agreement with the view expressed by Mahajan.J. in M/s.Moolji Jaithas case (supra). In a suit for specific performance of contract for sale of immovable property containing stipulation that on execution of the sale deed the possession of the immovable property will be handed over to the purchaser, it is implied that delivery of possession of the immovable property is part of the decree of specific performance of contr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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