M. KURRA NARASIMHAM AND OTHERS Vs. GONUGUNTA SESHAIAH

JUDGEMENT

(1.) The sole point for determination in this Revision Petition is whether the suit laid on the Small Cause side is cognizable. The answer to the question depends on the construction of Article 8 of the Provincial Small Cause Courts Act. Schedule II relates to suits excepted from the cognisance of the Court of Small Causes. Article (8) states inter alia that a suit for the recovery of rent, other than house rent, is excluded from the cognisance of Courts functioning under the Provincial Small Cause Courts Act.

(2.) The claim in the present case relates to the use of the water drawn from the plaintiff's well by the defendants. The defence put forward by the defendants is that the claim is not cognizable by the Court under the Provincial Small Cause Courts Act.

(3.) Learned Counsel for the petitioner states that suits for recovery of rent are barred from the cognisance of Small Cause Courts and that the claim in the present case relates to rent and so the court has no competence to try the suit on the small cause side. This objection was negatived by the Court below.