THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.3765 OF 2004 O R D E R: The revision is filed against the judgment in S.C.S.No.7 of 2001 on the file of the Senior Civil Judge, Addanki, dated 22.12.2003 dismissing the suit of the plaintiff. 2. The suit was filed for recovery of Rs.6,000/- being the amount due towards maktha in the years 1997-98 to 1999-2000. The 1st defendant resisted the suit. 3. On behalf of the plaintiff, PW.1 was examined and got marked Exs.A.1 to A.5. On behalf of the defendants, DWs. 1 to 8 were examined and no documents were marked. 4. After considering of the material on record, the learned Senior Civil Judge found that the defendants have to pay the suit amount and accordingly, the issue was answered in favour of the plaintiff. But however accepting the contention of the defendants the lower court found that the small cause Court has no jurisdiction to pass a decree for recovery of the maktha due from a tenant. Accordingly, dismissed the suit and against that the present revision is filed. 5. The learned counsel for the revision petitioner submits that earlier Civil Revision Petition No.3766 of 2004 was filed by the revision petitioner herein and his earlier claim for recovery of the arrears of rent from 1994 to 1997 was dismissed on the same ground though holding that the plaintiff is entitled for the said amount. This Court in the above judgment which was reported in 2007 (2) ALT 641 between the same parties held that the Small Cause Court has got jurisdiction to entertain the suit and pass a decree and accordingly, the earlier small cause suit S.C.S.No.26 of 1997 was decreed. The defendant has not challenged the quantum of rent payable and the liability to pay the same. Since between the same parties in Civil Revision Petition No.3766 of 2004, it was held that the Civil Court has got jurisdiction, it is binding on both parties. 6. In view of the above circumstances, the dismissal of the suit by the lower Court is not legal and accordingly, the judgment of the lower Court is set aside and the suit of the plaintiff is decreed as prayed for, for a sum of Rs.6,000/- with interest at 12.5% per annum from the date of filing of the suit till the date of decree and subsequent interest at 6% per annum from the date of decree till the date of realisation. 7. Accordingly, Civil Revision Petition is allowed. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO, J Date: 21-06-2011. INL