A simple point of jurisdiction is raised in this petition by the first defendant, a permanent resident of Karaikal, who was sued in the Court of the Subordinate Judge of Tiruchirapalli by the plaintiff in the following circumstances. The plaintiff alleged that he and the first defendant entered into an agreement at Karaikal on 7th August, 1947, by which the latter agreed to sell a building he owned in Manapparai in the Tiruchirapalli district to the plaintiff for Rs. 13,250, that he paid the first defendant an advance of Rs. 2,000 and that it was agreed that the first defendant should come to Manapparai and complete the conveyance and get it registered in the local Registrar’s office. The suit was filed for specific performance of contract and also for recovery of possession. The plea of jurisdiction taken on behalf of the first defendant was that as a non-resident foreigner resident in the French territory of Karaikal he could not be sued in the Tiruchirapalli Court. The learned Subordinate Judge held that the Tiruchirapalli Court had jurisdiction both under section 16 and section 20, Civil Procedure Code.

The learned advocate for the petitioner is unable to cite any author