A KLOGANATHAN Vs. CHANNARAYAPPA AND

JUDGEMENT

(1.) The plaintiff in Original Suit No. 45 of 1957 on the file of the learned Civil Judge, Bangalore, has come up in revision against the order of the lower Court, directing him to pay court-fee on Rs. 10,500/-.

(2.) The plaintiff filed a suit for declaration that the order of eviction in H. R. C. No. 117/1956 does not bind him. He also prayed for a permanent injunction against the defendants from executing the order of delivery of possession in Execution Case No. 361 of 1957 pursuant to the said H. R. C. Order.

(3.) He valued the suit for purposes of court fee at Rs. 200/- and paid Court-fee on Rs. 200/-. For purpose of jurisdiction he valued the suit at Rs. 10,500/-. The Court below held that the valuation for purposes of court-lee should be the same as that of the valuation for purposes of jurisdiction. Hence he has been called upon to pay additional court-fee. The petitioner complains that the said order is invalid and prayed for revision of the order.