RAJIV SAHAI ENDLAW, J.

1. Issues No.1 as under framed on 22nd August, 2008 and ordered to be treated as a preliminary issue, falls for adjudication. 1. Whether this court has no pecuniary jurisdiction to try the present suit and whether the suit is liable to be returned to the plaintiff OPD

2. The suit is for the relief of specific performance of agreement to sell and purchase dated 9th September, 2005. As per the averments in the plaint, the said agreement was for a total sale consideration of Rs.16,40,000/- out of which the plaintiff claims to have paid part sale consideration of Rs.3,57,000/- prior to the institution of the suit. The plaintiff, besides the relief of specific performance claimed in prayer paras (a) and (b) also claims alternate relief in prayer para (c) of the plaint. In the light of the arguments addressed by the counsel for the plaintiff, it is deemed expedient to set out herein below the prayer paragraph (c) of the plaint. In the event this Honble Court comes to the conclusion that specifically performance cannot be decreed then and only then in alternative of specific performance this Honble Court may be pleased to grant a decree of damages to the plaintiff

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