For the sake of convenience, parties would be referred to as per their status before the Trial Court.

2. This is a defendant's appeal. Appellant was defendant in O.S. No. 64 of 2002 before the Civil Judge (Senior Division), KGF. Respondent was the plaintiff.

3. Initially, plaintiff filed the suit in O.S. No. 167 of 1998 before the Civil Judge (Junior Division), KGF for recovery of possession of the suit property from the defendant and for perpetual injunction, to restrain the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. Originally the suit was filed for bare injunction in O.S. No. 167 of 1998. Later on, the plaintiff filed an application for amendment of plaint and requested the Court to direct the defendant to deliver possession of the suit property on the ground that he has been dispossessed by the defendant during the pendency of the suit. An additional written statement was also filed by the defendant.

4. Pursuant to the amendment to the plaint, the Civil Judge (Junior Division), KGF, raised two issues (1) in regard to Court fee payable by the plaintiff; and (2) the jurisdiction to entertain the suit considering the v