C O M M O N O R D E R

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 sole 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 20.08.2003 and remitted the matter for determination of correct agreed maktha between the landlord and the tenant. After remand the trial Court by judgment dated 09.08.2004 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 29.09.2004, the Court of the Senior Civil Judge, Pithapuram, exercising small cause jurisdiction decreed suit for a sum of Rs.5,397.40ps.

4. In CRP No.3766 of 2004 arising out of small cause suit S.C.No.26 of 1997 was filed for recovery of a sum of Rs.5,400/- being arrears of maktha payable by the defendants for the years 1994-1995 to 1996-1997 at Rs.1,600/- per annum. After conducting trial, by judgment dated 02.12.2003, the Court of the Senior Civil Judge, Addanki, exercising small cause jurisdiction held in favour of the plaintiff that he is entitled for the said amount. But on the question of jurisdiction declined to grant decree on coming to a conclusion that a small cause suit for recovery of rent towards agricultural land does not lie. In CRP No.4572 of 2006, the plaint submitted by the plaintiff was returned on 03.07.2006 by the Court of the Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District, observing that Law does not recognize oral lease.

5. As noticed in the beginning the core question is whether the Court exercising small cause jurisdiction is entitled to try and decree a suit for recovery of rent on account of agricultural lease. This question has been the subject matter of three reported decisions of this Court. Therefore, it is better to start from the beginning. The reason for this is that after perusing the judgments of this Court as well as two decisions of the Madras High Court, this Court directed the Registry to get the copies of the notifications, if any, issued by the Madras Government at Fort St. George in Chennai. The Registry has now procured notification published in the Fort St. Ge

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