Venkatasubba Rao, J.

1. The question is, whether the Sub-Court of British Cochin has jurisdiction to try this action, which has been brought for the recovery of rent of a house in Cochin State, against the defendant who claims to be a subject of the State of Travancore. For the purpose of this judgment I am assuming that the defednants allegation that he is not a British Subject, is true, at the time of the suit he was not in British India, but the agreement to pay rent, on which the suit is based, was executed in British Cochin.

2. The first question that arises is, is a suit for rent governed by Section 16 or Section 20 of the Civil Procedure Code? Section 16 provides inter alia that suits of a certain description relating to Immovable property "shall be instituted in the Court within the local limits of whose jurisdiction the property is situate." Then there is a proviso which says that a suit to obtain relief respecting Immovable property may be instituted "either in the Court within the local limits of whose jurisdiction the property is situate or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on busin