SUBRAO RANBA RAVALU KEDARI Vs. KALLAPPA NANA KADAPURE

JUDGEMENT

(1.) The question to be decided in this revision petition is whether in a suit for injunction falling under Clause (c) of S.26 of the Mysore Courtfees and Suits Valuation Act, 1958 (hereinafter referred to as the Act), the valuation of the suit for the purpose of jurisdiction can be different from the valuation for the purpose of payment of court-fee.

(2.) The above revision petition has been referred to the Division Bench by Datar, J., since he felt that there was a contract between two decisions of this Court in CRP. No. 1534 of 1968 and Nagaraj v. Nanjappa, (1872) 1 Mys.L.J. ,109..

(3.) In the instant case, the petitioner filed a suit for bare injunction restraining the defendant from interfering with his possession of the suit land. The land in question was an agricultural land assessed to land revenue. He valued the suit in the Court of the Civil Judge, Belgaum, valuing the land for purposes of jurisdiction at Rs.20,000 and for purposes of court fee at Rs.250. On going through the valuation slip produced in the case along with the plaint the learned Civil Judge found that there were two different valuations, furnished by the petitioner one for purposes of jurisdiction and another for purposes of court fee. He therefore called upon the petitioner to furnish a fresh valuation slip in accordance with clause (c) of S.26 of the Act and to pay proper court-fee thereon, failing which, it was ordered that the plaint would be returned for presentation to the proper Court on the basis of the valuation at Rs.250. Aggrieved by the said order, the petitioner has filed the above revision petition.