( 1 ) THE Court:-This is an application of the defendants seeking dismissal of the suit on the ground that the suit is a suit for land situated outside the jurisdiction of this court and thus, depriving this court of its authority to entertain or try the suit; alternatively the issue as to the maintainability of the suit in this court or lack of territorial jurisdiction of this court to entertain or try the suit be heard and determined as a preliminary issue before the hearing of any other issues.

( 2 ) IN the plaint, the plaintiff has prayed for the following reliefs:--" (A) Specific performance of the agreement as mentioned in paragraph 9 hereof by directing the defendants to execute and register the conveyance in respect of the said three flats, of the total carpet area of not less than 3,000 sq. ft. (each having a carpet area of 1000 sq. ft.) with four covered garages or car parking spaces in a covered area together with all rights, benefits and advantages of the common facilities and conveniences reserved for common use of the occupants of the proposed new building at the premises being No. 62/7, Ballygunge circular Road. Calcutta-700019, in favour of the plai