The appellate court may remand a case to the trial court for fresh disposal if necessary to address new parties and issues, ensuring justice is served.

COMMON JUDGMENT

C.M.A.No.1165 of 2009 is filed aggrieved by the judgment and decree, dated 31.03.2009, partly allowing the appeal in A.S.No.28 of 2002 on the file of the Court of V Additional District Judge (Fast Track Court), Rajahmundry, East Godavari District, filed against the judgment and decree, dated 31.12.2001 in O.S.No.302 of 1993 on the file of the Court of IV Additional Junior Civil Judge, Rajahmundry.

2. C.R.P.No.5432 of 2009 is filed aggrieved by the order and decree, dated 31.03.2009, passed in I.A.No.161 of 2007 in A.S.No.28 of 2002 on the file of the Court of V Additional District Judge (Fast Track Court), Rajahmundry, East Godavari District.

3. Heard Sri V.V.N. Narayana Rao, the learned counsel for the petitioners/appellants and Sri V.V.N Narasimham, the learned counsel for the respondents. The 1^st respondent, Nidamarthy Venkata Satyanarayana Murthy, died and his legal representatives have been brought on record as respondents No.10 to 13 in the appeal and as respondents No.11 to 14 in the revision petition.

4. The facts pleaded in the plaint, in nutshell, are as follows:

The National Senior Basic School @ Desiya Vidyalayam, Rajahmundry is a society. The society leased out the suit schedule property of about 3,300 square yards to Nidamarthy Venkata Satyanarayana Murthy, the plaintiff, for a period of 35 years with effect from 16.05.1958 under lease deed, dated 21.02.1959, for a rent at the rate of Rs.168.75 paise per month and an amount of Rs.5,000/- was deposited as per the terms of the lease. The lessee has right to make or raise any constructions in the property with a right to sub-lease. Either party to the lease may agree for extension of the lease period.

Thus, the lessee got possession of the property and constructed a theatre thereon. The theatre was converted into asset of a partnership firm, by name, M/s. Lakshmi Talkies, with partners, the plaintiff, his father and his brother in the year 1968. Subsequently, his sisters, P.V.S. Suseela Devi and K. Indira also were added as partners. The partnership firm leased out the theatre to Bandaru Giribabu, the 2^nd defendant, under a registered lease deed, dated 30.07.1973, for a period of ten (10) years ending by 31.07.1983. As the 2^nd defendant committed breach of terms of the lease, the plaintiff and other partners initially filed a suit in O.S.No.123 of 1987 on the file of Subordinate Court, Rajahmundry, for eviction of the 2^nd defendant herein. While the suit is pending, the management of the society, the 1^st defendant, was taken over by the government. The Executive Officer of the 3^rd defendant/Hindu Religious and Charitable Endowments Department was posted for the society and the officer took over the properties and the management of the society. The Executive Officer filed a suit in O.S.No.16 of 1974 on the file of Subordinate Court, Rajahmundry, against the persons in management of the society at that time for their dispossession from the management. In that suit, continuing validity of the lease deed, dated 21.02.1959, was accepted. The suit filed by the society was decreed to deliver vacant possession of the site subject to right of tenancy of the plaintiff. In May, 1998, the plaintiff came to know that a High Power Committee comprising of the 3^rd defendant, the Collector of East Godavari District and the Commissioner of Rajahmundry Municipality was appointed by the State of Andhra Pradesh, the 5^th defendant to implement the A.P Act XXX of 1987, which includes recommendation about the manner of dealing with and disposal of the properties. The committee recommended sale of properties of the institution at the price as per the basic value register to those pe