B KRISHNAPPA Vs. CHANDRIKA G

JUDGEMENT

(1.) THIS revision under Section 18 of the Small Cause Courts Act, 1964, is directed against the order passed by the learned Chief Judge, Court of Small Causes, bangalore in S. C. No. 357/2003, dated 17-12-2003. returning the plaint for presentation before the proper Court on the basis that Small causa Court had no pecuniary jurisdiction to try the suit as brought.

(2.) THE plaintiff aggrieved by the said order is in revision. In response to the notice in this revision the respondent has entered appearance.

(3.) FACTUAL matrix manifest from the records reveals; the plaintiff filed a suit seeking for decree to eject the defendant from the schedule premises on the plea that after marriage between him and the defendant they resided together as husband and wife in the premises no. 56, 'krishnanivas', 5th Cross. 12th Main, raglravendra Block, Srinagar, Bangalore, which property he owns. The matrimony between them was not a smooth sail and it resulted in initiation of proceedings for dissolution of marriage. The said proceedings culminated in decree of divorce dated 4-7-2000 dissolving marriage between them under the provisions of Section 23 (l) (ia) of the hindu Marriage Act, 1955, granted on 4-7-2000. After such decree was passed their marriage stands dissolved and it was impermissible for them to live together in the same premises. However, during the adjudication of divorce proceedings, the plaintiff had allowed the defendant to live in the pemises, but thereafter she was required to vacate the same. Her occupation in a room, in a portion of the schedule premises, was a permissive occupation and at the most can be termed as licence. Consequent to passing of decree of divorce and resultant dissolution of marriage between them all relationship ceased to exist and redirected the defendant to quit and vacate the said room and deliver possession. She declined. It necessitated issuance of notice dated 7-8-2000, but, it was also of no avail. Thus, he instituted a suit seeking for a decree of ejectment of the defendant from the portion of the schedule premises. For the purpose of Court-fee and jurisdiction the suit was valued at Rs. 20,000/-and Court-fee was paid thereon. As the valuation of the suit was within Rs. 25. . 000/-, he instituted the suit in the Court of Small Causes at Bangalore.