Specific performance without a possession prayer is not a suit for land under Letters Patent clause 12.

A suit for specific performance of a contract for sale of immovable property is not a "suit for land" under clause 12 of the Letters Patent when the plaint seeks no specific relief for possession. The controlling test is whether the relief claimed directly concerns title to, or delivery of possession of, immovable property; the character of the suit is determined from the plaint and the prayers actually made. Section 22 of the Specific Relief Act permits a claim for possession in addition to specific performance, but possession cannot be granted unless specifically pleaded.

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Issues: Whether a suit simpliciter for specific performance of a contract for sale of immovable property, without a specific prayer for possession, is a suit for land within clause 12 of the Letters Patent.

Analysis: The expression "suit for land" in clause 12 was construed to cover suits where the relief claimed directly relates to title to, or delivery of possession of, land or immovable property. The nature of the suit has to be determined from the plaint and the reliefs sought. Section 22 of the Specific Relief Act, 1963 permits a plaintiff seeking specific performance to ask for possession in addition, but sub-section (2) bars grant of such relief unless it is specifically claimed. Where the plaint seeks only specific performance and no specific relief for possession, the suit remains one for enforcement of the contract and does not directly seek adjudication of title or possession of the land.

Conclusion: A suit for specific performance simpliciter, without a specific claim for possession, is not a suit for land under clause 12 of the Letters Patent.

Final Conclusion: The High Court had jurisdiction, and the challenge to the grant of leave failed; the appeal was dismissed.

Ratio Decidendi: For purposes of clause 12 of the Letters Patent, a suit is a suit for land only when the relief claimed directly concerns title to, or possession of, immovable property; a mere suit for specific performance of a contract for sale, without a specific prayer for possession, is not such a suit.

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