MANIKAPPA DHULAPPA KOLI Vs. SIDRAM DHULAPPA KOLI

JUDGEMENT

(1.) This appeal by the plaintiff in Original Suit No. 36 of 1968 on the file of the Civil Judge, Bidar, is directed against the judgment of dismissal made in the above suit.

(2.) The suit was for a decree for permanent injunction on the baasis of possessory title. In the Court below the suit was valued for purposes of Court-fee at Rupees 307.38, but for the purpose of jurisdiction, the value of the land has been stated to be Rs. 36,000/-. Presumably on account of the latter valuation, although the Court-fee paid on the plaint was only Rs. 25/- the learned civil Judge heard the matter and disposed of it as aforesaid. The plaintiff, aggrieved by the decree, has preferred the first appeal under Section 96. Civil Procedure Code, paying the same court-fee as had been paid in the Court below.

(3.) On behalf of the respondents Sri Muralidhar Rao raised a preliminary objection that the appeal ought to have been presented before the District Court having jurisdiction over the area concerned and not to this Court, for the reason that the valuation made for purposes of payment of Court-fee was also the valuation to be taken into account for the purpose of jurisdiction. It seems to us that this contention must be accepted as correct.