JUDGMENT

Syed Shah Mohammed Quadri, J.-This appeal, by special leave, raises an interesting question : whether a suit simpliciter for specific performance of contract for sale of immovable property is a "suit for land" within clause 12 of Letters Patent of the High Court of Judicature at Bombay?

2. The appellant is the defendant and the respondents are the plaintiffs in the suit out of which this appeal arises. In this judgment the parties will be referred to as they are arrayed in the trial court.

3. The facts lie in a narrow campus and are not in dispute. By an agreement of July 12, 1986 land together building known as "Vithal Bhavan", bearing No.6/5 (Block No.24), South Tukoganj, Indore, M.P., (for short, the suit property ) was agreed to be sold by the defendant to the plaintiffs for a consideration of Rs. 53,75,000/-. Subsequently the parties executed a memorandum 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