RANGAVITTALACHAR, J.

( 1 ) THIS is a tenants Writ Petition questioning the jurisdiction of civil Court to entertain a suit for possession filed by the landlord.

( 2 ) FACTS in brief are: petitioner is a tenant in respect of shop premises bearing No. 355/ 2 situate at Old Statute Square in Mysore on a monthly rent of Rs. 120. , measuring more than 14 sq. mtrs. of built up area and the respondent is its owner. Respondent filed a suit for possession against him before the principal Civil Judge (Jr. Dvn.), Mysore. When the suit was in progress, petitioner filed an application under Order 6 Rule 17 of Code of Civil Procedure seeking to amend the written statement by taking up a plea viz. , "that having regard to the annual rental value of the leased premises and also the mesne profits claimed by the plaintiff being below Rs. 25,000/-, Civil court had no jurisdiction to try the suit; the plaintiff should have instituted the suit before the court of Small Causes". Trial Judge rejected the application mainly on the ground that petitioner having submitted to the jurisdiction of the Court and having participated in the trial, cannot turn around and question the jurisdiction, and; that havi

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