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3. The petitioners in C.R.P. No. 816 of 1997 are the legal representatives of Ambati Narsaiah, who is the owner of the land. R-1 Pericherla Jagapathi Raju is the tenant and R-2 Pericherla Ramachandraraju is the auction purchaser. R-3 Maddala Subba Rao is the decree holder in O.S. 881/73. The petitioner in C.R.P. No. 4886/97 is the tenant and R-1 to R-7 are LRs of Ambati Narsaiah (R-8) the landlord. R-9 is the auction purchaser. R-10 is the primary authority under A.P. (Andhra Area) Tenancy Act and R-11 is the appellate authority. The tenant- Pericherla Jagapathi Raju filed E.A. No. 583/90 on the file of Principal District Munsif, Kovvur, for declaration of his cultivating tenancy rights and for restitution of the property over which he claimed to be the tenant. He also filed A.T.C. No. 94 of 1989 on the file of Special Officer-cum- District Munsif, Kovvur for declaration of his cultivating tenancy rights on the file of Special Officer-cum-District Munsif, Kovvur. Both the proceedings subsequently came to be transferred to the file of Special Officer-cum-Principal District Munsif, Tadepalligudem. Consequent on transfer, E.A. No. 583/90 and A.T.C. No. 94/89 came to be re-numbered as E.A. No. 6/91 and A.T.C. No. 137/91. The learned Special Officer-cum-Principal District Munsif, Tadepalligudem, disposed of E.A. No. 6/91 and A.T.C. No. 137/91 by a common order dated 30-12-1991 whereby and whereunder the learned Special Officer declared the cultivating tenancy rights of P. Jagapathi Raju and directed the judgment debtor- Ambati Narsaiah to deliver the land within three months from the date of the order. Assailing the order passed in E.A. No. 6/91, the LRs of Ambati Narsaiah filed C.R.P. No. 816/97. Whereas assailing the order passed in A.T.C. No. 131/91, they filed A.T.A. No. 7/97 on the file of District Judge, W.G. at Eluru. The learned District Judge on re-appreciation of the evidence brought on record allowed the tenancy appeal and dismissed the tenancy application filed by Pericheria Jagapathi Raju for declaration of his cultivating tenancy rights over the land by judgment dated 30-8-97. Assailing the judgment passed in A.T.A. No. 7/97, the appellant therein-tenant (Pericheria Jagapathi Raju) has filed C.R.P. No. 4886 of 1997. Since both the Civil Revision Petitions, one preferred by the LRs of the landlord- Ambati Narsaiah and another by the tenant- Pericherla Jagapathi Raju are in respect of one and the same land, they are being disposed of under this common order.

4. Brief facts of the case giving rise to filing of these two revisions, one by the tenant and the other by the LRs of the landlord are as follows.

5. One Maddala Subba Rao filed O.S. No. 881/73 against Ambati Narsaiah for recovery of Rs. 1,500/- on the basis of a pronote dated 14-10-1970. The said suit ended in decree and the decree holder filed E.P., brought the land to sale in E.P. 350/75 in realization of the decretal amount. Sale was held on 23-3-76 for Rs. 17,000/- and Pericheria Ramachandra Raju became the highest bidder and the sale in his favour was confirmed on 31-5-76. On 26-7-96 the judgment debtor-Ambati Narsaiah filed E.A. No. 720/76 under Order 21 Rule 90 CPC to set aside the sale. The said application ended in dismissal on 9-4-1979. He unsuccessfully challenged the order passed in E.A. No. 720/76 by filing C.M.A. No. 24/79, which ended in dismissal on 27-9-1984. In the meanwhile the auction purchaser obtained delivery of the land through process of court on 19-7-76. The judgment debtor unsuccessfully filed C.R.P. No. 3750 of 1984 questioning the orders passed in CM.A. No. 24/1979. He carried the matter in appeal to the Supreme Court which allowed the appeal in C.A. No. 4159/89 and set aside the impugned sale and directed the executing court to put the appellant-judgment debtor in possession of the land in question and then refund the sale amount to the auction purchaser. The executing court restored the E.P. to file on 8-11-89 and issued delivery warrant. Pericheria Jagapathi Raju claiming to be a tenant resisted the delivery and sought for declaration of his cultivating tenancy rights. He filed E.A. No. 1070/89 resisting the delivery and seeking declaration of his cultivating tenancy rights. The application filed by him ended in dismissal on 27-6-90. Assailing the orders passed in E.A. No.1070/89 he filed the Civil Revision Petition. He also filed I.A. Nos. 1 and 2 of 1990 in C.A. No. 4159/89 and the Supreme Court directed the executing court to make an enquiry after giving reasonable opportunity to both the parties and pass appropriate orders within two months. The order passed by the Supreme Court on 3-9-90 reads as follows:

6. It appears the tenant withdrew the Civil Revision Petition filed by him questioning the order passed in E.A. No. 170/89, and he filed E.A. No. 6/91 (old E.A. No. 583/90) for declaration of his cultivating tenancy rights and for restitution of the land covered under tenancy. Prior to that, he filed A.T.C. No.94/89 against Ambati Narsaiah-landlord, Pericherla Ramachandra Raju-auction purchaser and Maddala Subba Rao-decree holder for declaration of his cultivating tenancy rights over the land. It appears the landlord died pending the enquiry before the Special Officer and his legal representatives came on record as parties to the proceedings. E.A. No. 6/91 and A.T.C. No. 137/91 came to be tried together and evidence came to be recorded in E.A. No.6/91. The tenant besides examining himself as P.W. 1 examined Thotakura Subba Rao as P.W. 2, Indukuri Satyanarayanaraju as P.W. 3, Namburi Ramachandraraju as P.W. 4 and Konapureddy Saibaba as P.W. 5 and marked 23 documents as Exs. A-1 to A-23 and the admissions made by the landlord in the earlier proceedings as Exs. C-1 to C-5. On behalf of the landlord, he got himself examined as R.W. 1 besides examining T. Rajayya as R.W. 2, Madhyanapu Seetayya as R.W. 3 and Addala Swami Naidu as R.W. 4 and marked 13 documents as Exs. B-1 to B-13. The learned Special Officer-cum-Principal District Munsif, Tadepalligudem, on appreciation of evidence brought on record and on hearing counsel for both the parties, allowed E.A. No. 6/91 and A.T.C. No. 137/91 declaring Pericherla Jagapathi Raju as the tenant of the land and directing the LRs of Ambati Narsaiah to re-deliver the land to him by an order dated 30-12-1996. The LRs of the landlord-Ambati Narsaiah filed C.R.P. No. 816/97 questioning the order passed in E.A. No. 6/96, and A.T.A. No. 7/97 questioning the order passed in A.T.C. No. 137/91. The learned appellate authority under A.P.(A.A.) Tenancy Act, on re- appreciation of the evidence brought on record, allowed the appeal by judgment dated 30-8-97 and consequently dismissed the application of the tenant in A.T.C. No. 137/91. The principal reasons assigned by the appellate authority for dismissal of the application filed by the tenant are:- Firstly, there is no relationship of landlord and tenant between Pericherla Jagapathi Raju and Ambati Narsaiah; secondly the provisions of tenancy Act are not applicable to the land in question since the same comes under the exception as provided in Section 18 of the Tenancy Act. Assailing the order passed by appellate authority in A.T.C. No. 7/97, the tenant-Pericherla Jagapathi Raju filed C.R.P. No. 4886/97.

10. Learned counsel appearing for R-1 submits that the executing court considered the evidence brought on record in right perspective and declared the tenancy rights of R-1 over the land and therefore the findings recorded by the Special Officer are not required to be interfered in this revision. He further submits that the appellate authority discarded the admissions made by Ambati Narsaiah with regard to the existence of relationship between him and R-1 as landlord and tenant, on flimsy grounds. It is his further submission that Exs. A-1, A-12 and A-13 are the lease deeds and they have been admitted in evidence and therefore they can be used for collateral purpose. He would further submit that the admission of Ambati Narsaiah in the counter filed by him in A.T.C. No. 137/91 (old A.T.C. 94/89) and E.A. No. 720/76 (sale set aside petition) are themselves sufficient to establish the relationship between Ambati Narsaiah and Pericheria Jagapathi Raju as landlord and tenant and no further proof is required. He refers to Ex. A-14 certified copy of the counter filed by Ambati Narsaiah in A.T.C. No. 137/91. In support of his submissions, he placed reliance on Biswanath Prasad v. Dwaraka Prasad, .. It has been held in the cited decision that admissions made by a party to the suit need not be put to him when he is in the witness box. Para 8 of the aforesaid judgment reads as follows: