This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by order dated 21-07-2012 passed in I.A.No.692 of 2012 in O. A. No. 547 of 2011 on the file of A.P. Endowments Tribunal, Hyderabad (for short 'the Tribunal').

2. The petitioner herein is also the petitioner in the I.A. and respondent in the O.A. whereas the respondent herein is also the respondent in the I.A. and petitioner in the O.A. For convenience sake, I refer the parties as arrayed in the O.A.

3. The petitioner filed the O.A. to declare the respondent as the encroacher of the petition schedule property (property) within the meaning of sub-section (1) of Section 83 of and Section 118 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'Endowments Act'), to direct the respondent to vacate the property and handover the possession of the property to him (the petitioner) and for costs. It is pleaded on behalf of the petitioner therein as follows:

The petitioner is a single religious institution within the meaning of Chapter XIV of the Endowments Act. The petitioner is the absolute owner of the properties scheduled in the petition. The petitioner leased out to the respondent an extent of Ac.0-27 cents in S.No.642 of Tirumala Village on a monthly rent of Rs.10/- on 02-02-1984. The petitioner also leased out Ac.0-57 cents of land in S.No.592 belonging to it at the same place to the respondent on 18-10-1979. Both the leases expired by 19-07-1986. According to the petitioner thereafter the respondent was granted lease for the third time for the properties for three years for the period from 20-07-1983 to 19-07-1986 with altogether new terms which got no bearing on the terms and conditions pertaining to the earlier leases and which was also expired and not extended. But inspite of that, the respondent failed to vacate the properties. On the other hand, the respondent filed O.A.No.15 of 1987 on the file of the Court of Principal Subordinate Judge, Tirupati against the petitioner to declare that he got option to have the extension of leases from time to time for a period of six years each and for consequential injunction which was dismissed aggrieved by which he filed A.S.No.160 of 1997 in the High Court of Andhra Pradesh which was also dismissed with costs on 12-12-2006 following which he preferred S.L.P. in the Apex Court which was also dismissed on 20-04-2007 at the stage of admission itself. Further an extent of Ac.0-35 cents in the said survey numbers belonging to the petitioner was also encroached by the respondent as a result of which he has been in possession and enjoyment of Ac.1-19 cents of the petitioner's land. Further taking advantage of the said factors, the respondent indulged in constructing a building and has been running an educational institution therein under the name and style of "S.V.B.N.R. English & Telugu Medium School, Tirumala". Further on 12-06-2009 the petitioner issued a legal notice to the respondent calling upon him to vacate and deliver the possession of the property. But the respondent having received the notice did not comply with the demand. Hence, the petitioner filed the O.A. to grant the reliefs prayed for.

4. During the pendency of O.A. the respondent filed the Interlocutory Application under Section 8 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') against the petitioner for referring the matter for arbitration in terms of the corresponding lease agreements entered into between the parties and also for granting necessary stay meanwhile. In this context it is pleaded on behalf of the respondent as follows:

In the corresponding lease deed No.2478/1975 dated 01-08-1975, which was executed in respect of the lease originally entered into from 20-07-1977, clause (5) was made therein to refer the matter to the Commissioner, Endowments for arbitration if any disputes or differences would arise between the parties thereto either in the matter of