IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2726 OF 2009 Between: Tanikella Shivakeshava Rao .....PETITIONER AND Tanikella Srihari Rao ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2726 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the judgment and decree, dated 07.04.2009, in A.T.A.No.7 of 2007 on the file of II Additional District Judge, East Godavari, whereunder and whereby, the order, dated 05.12.2006, in A.T.C.No.2 of 2002, on the file of the Principal Junior Civil Judge, Kothapeta, dismissing the claim of the respondent herein to terminate the tenancy of the petitioner herein/tenant; to deliver the possession of the petition schedule property with standing crop therein to the respondent herein after evicting the petitioner herein and for costs and for other reliefs, was set aside. 2. Heard both sides. 3. The dispute in the tenancy case is with regard to non-payment of rents by the petitioner herein/tenant for a period of three years i.e., 1998-1999, 1999 – 2000 and 2000 – 2001. The Special Officer basing on the evidence on record dismissed A.T.C.No.2 of 2002 on the ground that the respondent herein/land lord failed to establish that the petitioner herein committed default in payment of rents for the said years. On appeal, in A.T.A.No.7 of 2007 on the file of II Additional District Judge, Amalapuram, East Godavari District, the order of the Special Officer was set aside by the appellate Court by judgment and decree, dated 07.04.2009, on the ground that the respondent herein proved his case that the petitioner herein committed default in payment of rents for the said years. 4. At the time of filing the appeal, the petitioner herein filed additional grounds stating that the suit for recovery of arrears of rent for the said period filed by the respondent herein was dismissed and the respondent herein also carried the matter in appeal. The appellate Court confirmed the order of the trial Court. These judgments will be having relevancy in deciding the issue in A.T.A.No.7 of 2007 before the appellate Court. Both the counsel stated that the matter may be remanded to the appellate Court for marking the judgment copies which will be having relevancy or bearing in deciding the facts in issue in the appeal. Therefore, the matter has to be remanded to the appellate Court. 5. Accordingly, the Civil Revision Petition is allowed setting aside the judgment and decree, dated 07.04.2009, in A.T.A.No.7 of 2007 on the file of II Additional District Judge, Amalapuram, East Godavari District and remanding the matter to the appellate Court with a direction to receive the said judgments subject to admissibility, relevancy and proof and decide the matter in accordance with law. There shall be no order as to costs. _______________ K.C. BHANU, J November 11, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2726 OF 2009 November 11, 2010