RAMANUJAM. J. :- This matter comes before us in the following circumstances. The petitioners and respondents herein are the plaintiffs and defendants respectively in C.S. No.547 of 1979 on the file of this court which later stood transferred to the City Civil Court at Madras and numbered as O.S. 2646 of 1981 as a result of the enhancement of the jurisdiction of the City Civil Court by the City Civil Court Amendment Act (Tamil Nadu Act 34 of 1980). When the matter was pending before the City Civil Court an application was filed by the petitioner-plaintiffs in Tr. C.M.P. 4374 of 1981 under Art.228 of the Constitution of India for withdrawal of the said suit from the City Civil Court for disposal by the High Court. The said application was allowed by a Division Bench of this court and the suit was withdrawn for disposal by this court. Since all cases which are transferred or withdrawn by the High Court under Art.228 of the Constitution are to be heard by a Bench in view of O.1, R.2(8) of the Appellate Side Rules of this Court, the suit itself has come up before us for disposal in the form of a referred case.

2. Before going into the various factual and legal contentions raised