M KURRA NARASIMHAM Vs. GONUGUNTA SESHAIAH
HIGH COURT OF ANDHRA PRADESH
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(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 Art. 8 of the Provincial Small Cause Courts Act. Schedule II relates to suits excepted from the cognizance 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 Cognizance 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 plaintiffs 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 cognizance 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.
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