HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2243 OF 2011 DATE:01-07-2011 BETWEEN Mettela Peda Guruvaiah …Petitioner AND Tanguturi Murali Krishna …Respondent THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2243 OF 2011 ORDER: Defendant filed this revision under Article 227 of Constitution of India to revise the order of XIII Additional District Judge (Fast Track Court), Krishna at Vijayawada, dated 18.3.2011 dismissing C.M.A.No.12 of 2008 and confirming the orders of I Additional Senior Civil Judge, Vijayawada, dated 25.2.2008 whereby I.A.No.812 of 2007 filed by the petitioner in O.S.No.1197 of 2006 to return the plaint on the ground that the Court would not have pecuniary jurisdiction has been dismissed. The only ground urged by the petitioner appears to be that the plaintiff- respondent herein valued the suit for eviction basing on annual rent at Rs.68,880/- (Rs.5740 x 12) and damages or arrears of rent at Rs.37,400/- after deducting the advance of Rs.20,000/- given by the petitioner-defendant. According to the petitioner, plaintiff lodged a complaint under Section 138 of Negotiable Instruments Act for dishonour of cheque for Rs.28,700/- and admittedly, he received the said amount subsequently, and therefore, after deducting the said amount, the pecuniary value of the suit will be less and therefore, the trial Court would not have jurisdiction to try the suit. Both the Courts below rightly held that the rents claimed in the suit are for the period from January 2006 to October 2006 and whereas, the amount of Rs.28,700/- received by the plaintiff towards arrears of rent was prior to December 2005 and the said cheque which was also issued on 15.12.2005 clearly shows that the rents payable under the said cheque were prior to the period covered by the suit. In view of the same, no infirmity is discernable with the impugned order passed by the Court below warranting interference by this Court. The revision fails and the same is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J. JULY 01, 2011 Tsr.