T RAMAIAH Vs. P RAJA THIMMIAH

JUDGEMENT

(1.) In this revision petition, the plaintiff in the suit, OS No, 7725/80, before the Court of the XIII Addl. City Civil Judge, Bangalore, seeks revision of an order made therein on 20-10-1982 regarding payment of Court fee by him.

(2.) In that suit, the reliefs sought by the plaintiff were for recovery of (i) possession of the plaint schedule building; (ii) arrears of rent claimed as past mesne profits ; (iii) current and future rents claimed as future mesne profits to be determined under Or. 20, R. 12 of CPC ; and (iv) costs. For purposes of Court fee and jurisdiction, he valued the relief of recovery of possession at Rs. 6,600 purporting to be under S. 41 (2) of the Kar. Court Fees and Suits valuation Act, 1958 (hereinafter referred to as 'the Act') and the relief of past mesne profits at Rs, 4,125 purporting to be under S. 42 (1) of the Act, and paid Court fee payable thereon.

(3.) On an application, IA II, filed by the plaintiff in the said suit while it was pending, it is undisputed, the trial Court made an order on 21-4-1980 directing defendant-1 to deposit to the credit of the suit, the monthly rents of the plaint schedule building claimed as mesne profits which had fallen due upto that date and may fall due during the pendency of the suit at the rate of Rs. 550 per month. Pursuant to that order, defendant 1, it appears, deposited a sum of Rs, 13,750 to the credit of the suit and the trial Court, by its order dt. 7-11-1981, permitted the plaintiff to withdraw that amount. It transpires that when similar sums of Rs. 3,850 and Rs. 1,100 deposited by defendant-1, were sought to be withdrawn by the plaintiff by filing in Court payment vouchers on 7-7- 1982 and 21 8-1982, the trial Court, by its order now under revision, refused such withdrawal being of the view that S. 42 of the Act forbids the same.