C. V. N. SASTRY, J.

( 1 ) THIS Civil Revision Petition is directed against the order dated 25-3-1998 passed by the Rent Controller, Vijayawada, dismissing an application filed by the petitioner herein to recall the warrant for delivery of the property issued on 2-3-1998 in E. P. No. 7 of 98 in R. C. C. No. 2 of 97. For proper appreciation of the question involved, the facts leading to the C. R. P. may be briefly stated.

( 2 ) THE petitioner is the landlord and the respondent is the tenant in respect of a non-residential premises situate in Vijayawada town. The petitioner filed RCC 491 of 96 on the file of the Rent Controller, Vijayawada under Section 12 of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act ) seeking an order for recovery of possession of the demised premises on the ground that it is bona fide required for the purpose of demolition and reconstruction of a new premises. By an order passed by the appellate authority under the Rent Control Act, the said R. C. C. was transferred to the file of the Rent Controller, Nandigama on 12-3-1997 and renumbered as RCC No. 2 of 97. On 14-3-1997 a decree was passed in terms of a com

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