THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.3202 of 2009 and Civil Revision Petition No.2897 of 2010 Date: 06-8-2010 C.R.P.No.3202 of 2009: Between Md.Dada Saheb … Petitioner/ Appellant/Respondent and Andhra Pradesh Government Vehicles Drivers’ Association, Rep. by its President & Secretary, Turupu (East) Krishna district, Machilipatnam … Respondent/ Respondent/Petitioner C.R.P.No.2897 of 2010: Between Andhra Pradesh Government Vehicles Drivers’ Association, Rep. by its President & Secretary, Turupu (East) Krishna district, Machilipatnam … Petitioner/ Petitioner/Decree-Holder and Md.Dada Saheb … Respondent/ Respondent/Judgment-debtor THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.3202 of 2009 and Civil Revision Petition No.2897 of 2010 Oral Common Order: Heard Sri V.S.R.Anjaneyulu, learned Counsel for the petitioner-tenant and Sri V.V.L.N.Sarma, learned counsel for the respondent-landlord. 2. Since the subject matter in both the revisions is one and the same and the parties being common, they are being disposed of by this common order. 3. C.R.P.No.3202 of 2009 is filed by the tenant against the judgment and decree dated 16-6-2009 in C.M.A.No.4 of 2007 passed by the Senior Civil Judge, Machilipatnam, Krishna district in confirming the order and decree dated 10-7-2007 in R.C.C.No.11 of 2005 passed by the Rent Controller cum Principal Junior Civil Judge, Machilipatnam, directing his eviction from the petition schedule property. 4. Whereas, C.R.P.No.2897 of 2010 is filed by the landlord against the order dated 14-6-2010 in E.A. (GL).No.8845 of 2009 in E.P.No.171 of 2009 in R.C.C.No.11 of 2005 passed by the Rent Controller cum Principal Junior Civil Judge, Machilipatnam, declining to proceed with the case further, considering the relief sought for by the landlord/decree-holder viz., to direct the Amin to break open the locket put on the E.P. schedule property and deliver the property to him. 5 . C.R.P.No.3202 of 2009: From a perusal of the impugned order, it appears that the landlord filed R.C.C., before the Rent Controller for eviction of the tenant from the petition schedule property on the ground of willful default. The trial Court found that there was a willful default and ordered eviction. The same has been taken in appeal. The lower appellate Court also ordered eviction of the tenant from the petition schedule property concurring with the finding recorded by the trial Court that there was willful default after appreciating the evidence on record and taking into consideration the other circumstances. 6. Both the Courts below have expressed the view that there was a willful default basing on the evidence on record, both oral and documentary. This Court cannot reappraise the whole evidence in order to arrive at a different opinion than the one arrived at by both the Courts below. 7. I have carefully gone through the orders passed by both the Courts below and I do not find any irrationality in the said orders evicting the tenant from the petition schedule property. 8. Accordingly, this civil revision petition is liable to be dismissed and is dismissed. 9. However, at this juncture, learned counsel for the tenant sought for some reasonable time to the tenant to vacate the premises. 10. Having regard to the facts and circumstances, I deem it appropriate to grant 6 (six) months’ time to the tenant for vacation of the premises i.e., precisely on or before the 28th February, 2011 and to that effect, the tenant shall furnish an undertaking before the trial Court. 11. Needless to mention that the tenant shall have to pay the arrears and admitted rents till the actual date of his eviction from the petition schedule property. 12. C.R.P.No.2897 of 2010: In view of the orders passed in the connected C.R.P.No.3202 of 2009, no further orders are necessary to be passed in this revision and accordingly, the same is dismissed, at the stage of admission. _______________________ JUSTICE D.S.R.VARMA 06th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.3202 of 2009 and Civil Revision Petition No.2897 of 2010 (Common Order) 06th August, 2010. (Ak)