K. HEMACHANDRA Vs. S.H. YUVARAJ

JUDGEMENT

(1.) This appeal is by the plaintiff in O.S.No.2331/2017 on the file of the LXIX Additional City Civil Judge, Bengaluru (CCH-70). By order dated 21.07.2017 on preliminary issue No.1, the trial Court returned the plaint opining that it had no territorial jurisdiction to decide the said suit. Hence this appeal by the plaintiff.

(2.) Given a brief account to facts that have led to preferring this appeal are that the appellant herein being plaintiff in the suit sought recovery of Rs.1,10,00,000/- from the defendant. It is stated that BESCOM appointed the defendant as its contractor to execute certain works in the districts of Bengaluru Rural, Kolar and Ramanagara. The defendant being unable to carryout the work entered into a sub contract with the plaintiff who is stated to have executed the said work. In connection with the execution of this work, the plaintiff claims that the defendant has to pay him Rs.1,10,00,000/-.

(3.) In the written statement filed by the defendant, he contended that the City Civil Court at Bengaluru has no territorial jurisdiction to try and decide the suit, as according to him the plaintiff is the resident of Tumakuru and that he is a resident of Davanagere. There was no oral contract between them.