MUKUNDAKAM SHARMA, J

( 1 ). IN the present suit filed by the plaintiff praying for a decree of specific performance and in the alternative, for a decree for recovery of the money that is paid by the plaintiffs to the defendant, various issues were framed by this Court on the pleadings of the parties. One of the issues that was framed by order dated 28. 1. 2004 is whether this Court does not have territorial jurisdiction to try and decide the present suit. By order dated 28. 1. 2004, it was observed that the issue framed regarding territorial jurisdiction of this Court to entertain and try this suit be tried as a preliminary issue as the said issue goes to the root of the matter. In terms of the aforesaid order, the counsel appearing for the parties advanced their arguments on the aforesaid preliminary issue framed by this Court regarding territorial jurisdiction.

( 2 ). THE plaintiffs filed the present suit with the contention that on 5. 6. 1987 the plaintiffs entered into an agreement to purchase the farm land from the defendants and paid Rs. 50,000/- as advance. It is alleged that subsequently on 19. 11. 1987, the plaintiffs paid the balance consideration and asked the defendant t

Click Here to Read the rest of this document