JUDGMENT :

Soumen Sen, J.

1. The instant appeal is arising out of an order passed by the learned Single Judge by which the counter-claim was dismissed on the ground of lack of territorial jurisdiction.

2. The essential question that has fallen for consideration in the instant appeal is whether in a suit for specific performance of an agreement to sell an immovable property, the defendant can make a counter-claim for recovery of possession of the said immovable property when the property is situated beyond the territorial jurisdiction of this Court.

3. The plaintiff has filed a suit for specific performance of an agreement. In the written statement, the defendant has denied existence of such agreement and in addition had claimed that the plaintiff is in wrongful possession of the property in question and accordingly has prayed for eviction. The plaintiff has filed addition written statement. At the trial of the suit the following issues were framed:-

"1. Was there any agreement between the parties in respect of any of the suit properties?

2. Whether the plaintiffs trespassed into the suit properties?

3. Whether the plaintiffs are interfering with the defendant's use and occupation of his p