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2003 Supreme(AP) 450

S.R.K.PRASAD
V. Gangaraju – Appellant
Versus
Eamani Krishna Swamy – Respondent


S. R. K. PRASAD, J.

( 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. 00 towards arrears of makthas of Rs. 200. 00 for the year 1993; Rs. 200. 00 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 Cause 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 th




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