VARANASI GANGARAJU DIED Vs. EAMANI KRISHNA SWAMY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment and decree passed in Small Cause Suit No.43 of 1995 by the Principal Junior Civil Judge, Bhimavaram. The suit is filed for recovery of Rs.535/- towards arrears of makthas of Rs.200/- for the year 1993; Rs.200/- for the year 1994 and Rs.135/- for the year 1995 due from the defendant being the revision petitioner herein. The revision petitioner mainly contends that there is no landlord and tenant relationship existing in between the plaintiff and the defendant. He never took Ac.0.17 cents of land situated in S.No.286 of Lusarigutlapadu on lease at any time. He has also denied the liability to pay the amount. It is also contended that the suit itself is not maintainable under the provisions of the Provincial Small Causes Courts Act, 1887. After trial, the suit is decreed with costs. Aggrieved by the same, this revision is preferred.

(2.) The point for consideration is whether the Small Causes Court has got any jurisdiction to try the suit for recovery of rent for Maktha.

(3.) The plaintiff remained ex parte before this Court. The main contention canvassed by the learned Counsel for the petitioner is that the suit for recovery of Maktha falls under Clause 8 of II Schedule to the provisions of Provincial Small Causes Courts Act, 1887, and there is no specific jurisdiction conferred on the Small Causes Court by the State Government. The suit for recovery of rent in respect of agricultural land is not maintainable.