A.K. Sikri, J.

1. The plaint of the appellant, who filed suit for mandatory injunction etc. against the respondent herein, has been returned vide orders dated 8.2.2008 by the learned Single Judge on the ground that Delhi court lacks territorial jurisdiction to entertain the suit. Challenging that order, present appeal is preferred. Only those necessary facts which have bearing on the issue of territorial jurisdiction need a mention. For the sake of clarity, we maintain the nomenclature of the parties as in the suit. That means hereafter the appellant would be referred to as the plaintiff and the respondent No. 1 as the defendant.

.2. The defendant, DLF Limited, has constructed and developed a massive Mall known as “South Point” (defendant No. 2). It is located at DLF City, Phase V, Sector 53, Village Waziarabad, Gurgaon, Haryana. Spaces in the said Mall are given to various traders on lease. The plaintiff also agreed to take on lease an area measuring 1,10,000 sq. ft. in the said Mall for a period of nine years @ Rs. 39/-per sq. ft. A Memorandum of Understanding (MOU) in this behalf was signed between the parties on 12.5.2004. This MOU, inter alia, gives the details about