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TMI Blog1995 (8) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... e properties, are attempting to commit trespass into the suit properties and therefore, interim injunction has to be granted. 2. Interim injunction was granted when this application was moved on 10.2.1995 for a period of four weeks. The said order was subsequently modified to the effect that Status Quo as on 24.2.1995 has to be maintained. The respondents have filed A. No. 1071/1995 for vacating the ex parte order of injunction and A. No. 1072/1995 for interim suspension of the ex parte order of injunction. 3. In the above applications which have been in the form of a counter-affidavit to O.A. No. 123/1995 apart from stating their case that the respondents have also pleaded that the suit is not maintainable, the learned counsel appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also not in dispute. 5. Clause 12 of the Letters Patent is as follows: 12. Original jurisdiction as to suits - And we do further ordain that the said High Court of Judicature at Madras, in exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try, and determine suits of every description if in the case of suits for land or other immovable property, such land or property shall be situated, or, in all other cases, if the cause of action shall have arisen, either wholly, or, in case the leave of the Court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said High Courts; or if the defendant at the time of the commencement of the suit shall dw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmovable property and the nature of the suit. The learned counsel appearing for the respondents would argue that title in respect of the suit properties is in dispute and that the respondents have already filed the suit in Sub Court, Poonamallee and the question of possession of the properties is also in dispute and therefore, this is a suit for land in respect of an immovable property lying outside the jurisdiction of this Court and therefore, under Clause 12 of the Letter Patent, it cannot be filed at Madras. 6. The suit being one for bare injunction it is a suit for land. In other words, it is a suit for the purpose of acquiring possession of, or safeguarding possession of, or establishing title to or a right in land viz., the suit sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Clause 12 of the Letters Patent does not confer jurisdiction on the High court on the ground of residence of the defendants in suits for land. This clause is governed by the expression in all other causes occurring in its earlier part. Mukherjea, J. - The last alternative in Clause 12 of the Letters Patent which refers to the residence of the defendants or his carrying on business within the limits of the Court's jurisdiction is a provision applicable to all cause other than suits for land. Their Lordships have considered the construction and meaning of words suit for land in Clause 12 and have held that the last part of Clause 12 applies to all other than suits for land only and therefore, we have to necessarily hold tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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