( 1 ) BY this order, I propose to deal with the preliminary objection which has been taken by the defendant that this Court has no jurisdiction to entertain the suit.

( 2 ) THE plaintiff asserts that an agreement was entered into between the plaintiff and the defendant. This agreement was enteied into at Bombay on 13 10. 1981. This postulated that defendant will sell a flat in a proposed building which was to be construsted at Prabha Devi, Bombay. It is not disputed between the parties that on 13. 10. 1981 when the agreement was entered into the building was not in existence. At the time of entering into that agreement, plaintiff had paid a sum of Rs. 12,875. 00 to the defendant.

( 3 ) THE pff. asserts that the deft. is denying the existence of the aforesaid agreement, and that the deft. is refusing to specifically perform that agreement, illegally, and the pff. seeks a declaration only that the agreement dated 13. 10. 1981 continues to exist.

( 4 ) THE preliminary objection which has been taken is bscause it is stated that the agreement bstween the parties was executed at Bombay ; that the immovable property which was proposed to be constructed, was to be constructe