REVANNASIDDAPPA Vs. SHIVASHANKARAPPA

JUDGEMENT

(1.) This revision is directed against an order dated 20 2-1978 of the District Judge, Bijapur, in M. A. No. 4 of 1978 on his file The 1st respondent herein was the appellant in the court below and the petitioner was the 1st respondent. That appeal had been preferred against an order passed bv the Civil Judge, Bijapur, in O.S. No. 44 of 1977 appointing a receiver to the plaint schedule properties. The petitioner herem is the plaintiff in the said suit His suit is for partition and sop note possession of his share in the plaint schedule properties.

(2.) In the miscellaneus appeal before the District Judge the plaintiff, who was the respondent therein raised) an objection as to the competency of that court to entertain that miscellaneous appeal. According to him the appeal ought to have been preferred in the High Court for the reason that the value of the subject matter of the suit exceeded Rs. 20,0000. The learned District Judge, who went into this matter has held that the suit had to be valued both for the purpose of court- fee and jurisdiction at 12-1/2 times the revenue assessment payable in respect of assessed agricultural lands and if thus valued the value of the subject- matter of the suit did not exceed his pecuniary jurisdiction. Taking this view of the matter he overruled the objections raised by this petitioner.

(3.) The learned counsel for the petitioner contends that the finding of the District Judge on this question was contrary to law and, therefore, liable to be set aside.