SIDDABASAPPA Vs. MANJUNATHA

JUDGEMENT

(1.) HEARD.

(2.) THE petitioners are defendants in O. S. No. 14 of 1994 ponding on the file of the Court below. They have challenged the Trial Court's order dated 3-8-1996 passed on the preliminary point respecting the valuation of the suit for the purpose of its pecuniary jurisdiction.

(3.) THE said O. S. No. 14 of 1994 was filed by the respondents against petitioners for the relief of partition and separate possession of their share in 6 items of suit property. Three of these items are agricultural lands and the remaining 3 were the items of house property. The valuation slip was filed by the plaintiff along with plaint giving necessary description of these items of property and valuing the suit under Section 35 (2) read with Section 7 (2) of the Karnataka Court fees and Suits Valuation Act, 1958 ('the Act', for short) for the purpose of Court fee and the pecuniary jurisdiction as well at Rs. 200/- on the plaintiffs' alleged share, in addition to Rs. 450/paid on their claim to Rs. 16,000/- towards arrears of maintenance allowance.