BASAVA REDDY D SUNKAPUR Vs. JAGADGURU MURUGARAJENDRA VIDYAPEETH

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 17-9-1988 passed on I.A.-VII by the Principal Munsiff & I Additional J.M.F.C.Ranebennur, in O.S.No. 133 of 1981.

(2.) The essential facts may be stated thus: The suit was Filed by respondent-1 for the following reliefs:

(3.) The petitioner, who is defendant-1, raised several objections in his written statement out of which certain objections are relevant for the purpose of this case. In para-6 of the written statement, defendant-1 contended that the Court has no jurisdiction to decide the suit and that it was alleged by the plaintiff in paras-10 and 11 of the plaint that it had already invested more than Rs. 1,00,000/- and that the plaintiffs prayer was for declaration of the assets etc., and hence the Court had no pecuniary jurisdiction to entertain the suit. In the succeeding para of the written statement, defendant-1 contended that the plaintiff had alleged that it invested Rs. 1,00,000/- on the site and that it had claimed a declaration and, therefore, the plaintiff is bound to pay Court fee under Section 24(a) & (b) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as 'the Act'). These are the only averments to be found in the written statement filed by defendant-1.