HEMANT GUPTA, J. (Oral) - Plaintiffs are in revision aggrieved against an order passed by the learned first Appellate Court on 29.09.2003, whereby the plaint was ordered to be returned on account of lack of territorial jurisdiction of Chandigarh Courts.

2. The petitioners filed a suit for declaration that the plaintiffs are owners of 1/3rd share of SCF No.2, Phase-I, Mohali (SAS Nagar) and that the mutation dated 03.09.1986 in favour of defendant No.1 and Vijay Kumar, predecessor-in-interest of defendant Nos.2 to 7 is null & void. The plaintiffs further claimed consequential relief to be registered as joint owner of 1/3rd share in the property. The plaintiffs also claimed mesne profits from defendant Nos.1 to 8 for illegal use of the plaintiffs’ share of the property from 03.09.1986.

3. The said suit was filed at Chandigarh for the reason that part of cause of action has arisen in Chandigarh, as the mutation was sanctioned by Estate Office located in Chandigarh and that the agreement to sell, application for transfer and the affidavits etc. were submitted in the office of defendant No.9 at Chandigarh. Therefore, the part of cause of action was said to have arisen at Chandi