Judgement

S. R. Das J.-This is an appeal filed with the special leave of this Court. It is directed against the judgment and decree passed on 2nd December 1949, by a Division Bench (Weston and Shah JJ.) of the Bombay High Court reversing, on the ground of absence of jurisdiction, the judgment and decree for possession passed on 24th January 1949 by the Bombay City Civil Court and directing the return of the plaint for presentation to the proper Court.

2. There is no dispute as to the facts material for the purposes of this appeal. On or about 15th April 1908, the Board of Trustees for the Improvement of the City of Bombay put up to auction Plots Nos. 16, 17 and 18 of new survey Nos. 8234, 8235 and 8244 situate on the Princes Street Estate of the Board containing an area of 2235 square yards for being let on certain conditions. one Sitaram Luxman was the highest bidder and was declared the tenant at an annual rent per square yard to be calculated at the rate of 4 1/2 per cent of Rs. 29 per square yard and he signed the memorandum of agreement incorporating the conditions upon which the auction was held and by which he agreed to be bound. He deposited the moneys in terms of cl. 3 of t