2008 (2) AIR Kant HCR 25 ::2008 A I H C 1615 ::(2008) 4 Kant LJ 573

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

( A ) Civil Procedure Code (5 of 1908) S. 3 — Subordination of Courts — By implication a Court of Small Causes is a Civil Court. (Paras13)

( B ) Civil Procedure Code (5 of 1908) S. 9 — Karnataka Court-Fees and Suits Valuation Act (16 of 1958), S. 41 — Disputes of civil nature — Jurisdiction of ‘Civil Court’ — Suit for ejectment can be understood as a suit for recovery of possession — It is a suit involving disputes of civil nature and Small Cause Courts trying such cases are all civil Courts — Small Cause Court cannot be excluded from purview of phrase “civil Courts” as used in S. 41 of Karnataka Court-Fees Act, 1958. (Paras19)

( C ) Karnataka Small Cause Courts Act (11 of 1964) S. 8 Sch. Art. 4 — Karnataka Court-Fees and Suits Valuation Act (16 of 1958), S. 41 (b) — Suit for ejectment — Provision restraining the jurisdiction of Court of Small Causes — Should be understood as one which says the scope is co-extensive with the pecuniary jurisdiction of the Court of Small Causes — And not necessarily with reference to Rent Control Legislation.In a suit for recovery of the property, the limiting factor is only the pecuniary jurisdiction and nothing else. The significance of the word ‘rent’ used in clause (b) of S. 41 of Court-fees Act is for the purpose of determining the pecuniary jurisdiction of the Court of Small Causes. Even otherwise, a suit for recovery of rent could have been filed before the Court of Small Causes, if on valuation of the subject matter for the purpose of payment of Court-fee and jurisdiction if the suit is within the pecuniary jurisdiction of the Court and the suit for recovery of rent can certainly be maintained before the Court of Small Causes. But, in a suit for ejectment, the question will be only one of valuing the suit for ejectment in terms of the provisions of the Karnataka Court-Fees and Suits Valuation Act, 1958 or any other provision. Therefore, when the provisions of Section 41 of the Karnataka Court-Fees and Suits Valuation Act, 1958 is attracted and if the requirement for valuation under this section is satisfied, th....