( 1 ) BY the present petition the order dated 9-8-2005 passed by the City Civil Court on a preliminary issue of jurisdiction in L. C. Suit no. 2974 of 2004 is challenged. Some of the material facts of the present case can be briefly set out as under :-

( 2 ) THE original plaintiffs being respondents herein are the tenants in respect of tenements situated on a plot of land bearing No. 298, Hissa No. 9 and 15 admeasuring 4961 sq. yards equivalent to 4098 sq. mtrs. at Kole Kalyan, Taluka andheri in the City of Bombay. The original landlord was one Sheikh Gafoor sheikh Cassum. By an agreement dated 12-8-1987 entered into by the between sheikh Gafoor Sheikh Cassum and M/s Jogani and Sachdev Development the original landlord was selling the said property to the purchaser for the sum of rs. 1,80,000/ -. Under the said agreement for sale dated 12-8-1987 the original landlord also executed a power of attorney in favour of Avtarsingh Sachdev and ghewarchand Lalchand Jogani inter alia conferring therein a right to develop the said property and/or settle the tenants and obtain sanction and after obtaining sanction of the B. M. C. construct a building on the said plot of land. Pursuant to the sa

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