IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO : 3057 of 2009 Petition under Section ____ of CPC., to revise/against the order dated ______ in NO : of 0 on the file of the court of the Between: M/s Sree Silk Sarees, Registered Rep.b y its Managing Partner Namely B. Subramanyam Chetty, Madanapally. ..... PETITIONER AND 1 Addanki Nagaraja Gupta, S/o. A.Sathyanarayana, D.No. VII-211, Nehru Bazar, Madanapally. 2 Smt. Addanki Sujatha, W/o. Addanki Nagaraju Guptha, D.No. 6-237-A-26, Madanapalle Town. .....RESPONDENTS Counsel for the Petitioner:MR.N.PRAMOD Counsel for the Respondent No.: MR.R.RADHA KRISHNA REDDY The Court made the following : Form-NIC-OGS/CRP{GMS} THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3057 of 2009 ORDER: The petitioner herein questions the order of the Rent Controller- cum-Principal Junior Civil Judge, Madanapalle dated 22.04.2008 in RCC.2/2008 in overruling the objection of the petitioner herein who is the tenant of the respondents for marking of the documents Exs.A15 to A17 which are admittedly Xerox copies and not original documents. It is stated that the respondents herein filed the said Rent Control Case for eviction as well as fixation of fair rent. For the purpose of fixation of fair rent, the respondents wanted to mark the said documents. But the marking of the said documents was objected on the ground that they are not original documents, and any document sought to be filed before the Civil Court the primary evidence has to be filed under Sec.64 of the Indian Evidence Act, and if the primary evidence is not available, under Sec.63 of the Indian Evidence Act the secondary evidence also can be filed by obtaining certified copies. If the certified copies are not furnished, appropriate steps can be taken to summon the authorities for production of the said documents. Admittedly, the original documents have not been filed. Though the disposal of Rent Control Cases comes into summary disposal, but the provisions of the Code of Civil Procedure and Evidence Act would apply in respect of the provisions which are not covered by the Act and the Rules made under the Rent Control Act. Therefore, I am of the opinion that the Court below erred in coming to the conclusion that the Rent Control Court is entitled to receive the Xerox copies in evidence. Having regard to the facts of the case, the order under revision is set aside and the Civil Revision Petition is allowed. However, it is open for the Landlords/respondents to file either original documents or summon the concerned parties for production of the said documents for the purpose of marking the same in evidence. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 07.08.2009 Dsr