INTURI VENKAIAH Vs. BATHINEEDI RAMCHANDRAIAH

JUDGEMENT

(1.) These civil revision petitions (CRPs) can be disposed of by a common order as the core question that falls for consideration is same. These CRPs are filed under Section 25 of the Provincial Small Cause Courts Act, 1887 (the Provincial Court, for brevity). CRP Nos.3766 of 2004 and 4572 of 2006 are filed by the plaintiffs and CRP Nos.4325 and 6065 of 2004 are filed by the defendants, who suffered decrees passed by the Courts concerned exercising small cause jurisdiction. The parties are referred to by their status in the lower Courts.

(2.) Treating CRP No.4325 of 2004 as an illustrative one, the brief fact of the matter may be noticed. The plaintiff filed suit, being S.C. No.91 of 1994, for recovery of a sum of Rs.5,508/- towards arrears of maktha (rent for agricultural land) for the years 1992-1993 and 1993-1994 and also tax for second crop. He alleged that he let out land admeasuring Ac.0.96 cents in Survey No.253/1 situated at Vendra Village of Pedapudi Mandal in East Godavari District to Narla Chandra Rao (the sole defendant) on yearly maktha of 25 bags, that for the year 1992-1993 the tenant paid 19 bags of paddy but failed to pay six bags of paddy for that year and that the tenant paid 11 bags for the year 1993-1994 but failed to pay 14 bags. The defendant filed written statement opposing the suit. He disputed the claim for 25 bags alleging that agreed maktha is 11 bags which was duly paid. After conducting trial, the Court of I Additional Senior Civil Judge, Kakinada, decreed the suit on 20-10-1998. Feeling aggrieved by the same, the sold defendant filed CRP No.5259 of 1998 before this Court. At that stage the sole defendant died. His wife and children are brought on record as defendant's legal representatives. This Court allowed CRP No.5259 of 1998 on 20-8-2003 and remitted the matter for determination of correct agreed maktha between the landlord and the tenant. After remand the trial Court by judgment dated 9-8-2004 decreed the suit for a sum of Rs.5,508/- with interest at 6% per annum recording a finding that the agreed maktha is 25 bags per annum. This is subject-matter of CRP No.4325 of 2004 filed by LRs of defendant.

(3.) In CRP No.6065 of 2004 also suit, being S.C. No.4 of 2003, was filed for recovery of rent due on agricultural land and after conducting regular trial, by judgment dated 29-9-2004, the Court of the Senior Civil Judge, Pithapuram, exercising small cause jurisdiction decreed suit for a sum of Rs.5,397.40ps.