IN THE HIGH COURT OF KARNATAKA AT DHARWAD
(Memorandum of Regular First Appeal U/O 41, R.1, r/w Section 96 of CPC)
IN THE COURT OF XI ADDL. CIVIL JUDGE (SR.DN.) AT BELGAUM
S.C. No. 345/2018
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
R.F.A No.93/2020
BETWEEN RANK OF PARTIES
Trial court This court
Mr. Shamlal S/o Ram desai
Aged: 42 yeas
Occ:Bank officer
R/o: H.no 8,2nd main Hanuman nagar Plaintiff Appellant
Belagavi,590019
And
Mr.Tammana S/O shivaraj patil
Aged : 38years,
Occ:carpenter,
R/o: H.no51/2 ,Roshan galli, Belagavi Defendant Respondent
590001.
Herein the appellant submits as under :
I. The addresses of the Appellant for the purpose of suit summons and court
notice is that of one furnished in the cause-title above and that of his
advocate Shri Narendra.K.Bagewadi, 2nd main, 1st cross, Sadashiv Nagar,
Belgaum 590014 and the address of the Respondent for the same purpose is
also the same as the one mentioned in the cause-title above.
II. Being Aggrieved by judgement and decree in S.C. No. 345/2018 , dated
14.11.2020 on the file of of XI Addl. Civil Judge (Sr. Dn.) at Belagavi,the
appellant prefers this Regular First Appeal on the following grounds of
objection ….
Grounds of objection:
1. That, the judgment passed by the lower court is not sustainable in the
eyes of law.
2.The lower Court has misconceived the evidence and thereby resulted into
the miscarriage of justice.
3.That, the lower Court has erred in considering the case of the present
Appellant and also the basic points canvassed by him before it on the
points of jurisdiction, limitation, etc
4. The present Appellant has also canvassed his case on the various
precedents laid down by various High Courts and the Supreme Court on the
aforesaid points of limitation of jurisdiction.
5. Thus the lower Court has failed to observe the ratio decidendi laid down
by the hierarchy of the Courts and the judgment and decree passed by it is
erroneous and liable to be set aside.
III. VALUATION: That, the suit is for the recovery of Rs. Rs. 21000/- (Rupees
twenty one thousand only) against the Defendants. The court-fee is paid ad
valorem under sec. 21 of the Karnataka Court-fees and Suit Valuation Act,
1958. For the purpose of pecuniary jurisdiction and advocate’s fee the suit is
valued at the same.
IV. LIMITATION: The Respondent defaulted in paying rent amount and
therefore the present suit is within the limitation.
PRAYER
The Appellant prays that an order be passed in their favor as under:
1. The Honorable Court be pleased to order to call evidence and records in this
case .
2. Set aside judgment and decree passed by the Addl. Civil Judge (Sr. Dn.) at
Belagavi .
3. The Honorable Court be pleased to order to pay the arrears of rent of Rs.
21000/-(Rs. Twenty one thousand only)
4. Any other relief or reliefs which the court may deem proper under the
circumstances be also awarded to the petitioner
5. The Respondent be ordered to pay to the Petitioner the costs of this Petition
Place: Dharwad Advocate for Appellant
Date: 15.11.2020 (N.K.Bagewadi)
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
R.F.A No.93/2020
Mr. Shamlal S/o Ram desai vs Mr.Tammana S/O shivaraj patil
VERIFYING AFFIDAVIT
I, Mr. Shamlal S/o Ram desai,Aged: 42 years,Occ:Bank officer ,R/o: H.no 8,2nd
main Hanuman nagar 590019,do hereby solemnly affirm and state on oath as
under:
1. I am appellent in the above case as I know the fact of the case
2. I have filed a appeal for recovery of rent.The content of appeal para’s are
correct and true.
3. Hence , I pray this Honr’ble court to grant the order For payment of rent Rs.
21000/-(Rs. Twenty one thousand only).
Hence this affidavit
I do swear in the name of god that is my name and signature and the content of this
affidavit are true and correct
Place: Dharwad
Date: 15/11/2020
No of corrections (Nil)
Identified by me Appellant
Advocate (Shamlal S/o Ram Desai)
Sworn to before me
(Notary)
