( 1 ) THE appellant herein filed a suit for partition and separate possession of one-fifth share in the plaint schedule properties and consequential reliefs in O. S. No. 41 of 1992, on the file of the Civil Judge, Bhadravati. The plaintiff valued the suit for partition for the purpose of jurisdiction as RS. 15 lakhs and valued of his one-fifth share as RS. 3 lakhs. Plaintiff claimed that he was in joint possession of the suit properties, and paid a fixed Court-fee of Rs. 200/- under S. 35 (2) of the Karnataka Court-Fees and Suits Valuation Act, 1960 (for short, the Act ). He also paid additional Court-fee of RS. 100. 00 in regard to the consequential relief of permanent injunction under S. 26 (c) of the Act. In para 9 of the plaint, the plaintiff averred thus :". . . . . . . . . . . . THE plaintiff used to visit the native place frequently and looked after the schedule properties and in joint possession of the said properties. Plaintiff is the joint owner of all the properties more fully described in 'sa,'s 'sb,' 'c,' D' and 'e' schedules and has got absolute right, interest and title over the properties as his birth right.

( 2 ) THE defendants resisted the said suit inter alia, c

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