Gowri v. G.M.Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021 CORAM :

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P (PD).No.856 of 2018 Gowri ... Petitioner

Versus

G.M.Sampath ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India pleased, to set aside the fair and decreetal order dated 25.07.2017 made in I.A.No.515 of 2016 in O.S.No.219 of 2012 on the file of the District Munsif Court at Gobichettipalayam.

For Petitioner : Mr.S.Venkatesh

ORDER

This Civil Revision Petition has been filed challenging the impugned order dated 25.07.2017 made in I.A.No.515 of 2016 in O.S.No.219 of 2012 passed by the District Munsif Court at Gobichettipalayam. 2.Heard, the learned counsel for the petitioner and perused the records available on record.

3.It is seen that I.A.No.515 of 2016 was filed under Order XII and Rule 8 and Section 151 of CPC., seeking a direction to the respondent/plaintiff to produce the Sale deed of the suit property executed by the Tamil Nadu Transport Corporation in favour of the respondent to prove his ownership. However, the Court below has rejected the application on the ground that the said Sale deed is a public document and it is very much available to the petitioner in accordance with the law and he could make a proper application, before the competent authority, if it is necessary to do so. 4.After hearing the learned counsel for the petitioner/defendant, it appears that the respondent/plaintiff is a tenant in the said property since 2007 to 2012 and also he had also paid rent to one Mr. Periyasamy, and thereafter, G.M.Sampath/defendant claimed ownership of the property, and he claimed the rent for the same. Further, the learned counsel for the petitioner/plaintiff submitted that now the trial is going on.

5.Upon perusing the documents, it appears that the plaintiff being a tenant, had took over the property and he wanted to a copy of the Sale deed, for which, he can make a proper application before the competent office/authority. In such view of the matter, this Court does not find any irregularity or infirmity

in the impugned order dated 25.07.2017 passed in I.A.No.515 of 2016 in O.S.No.219 of 2012 passed by the District Munsif Court at Gobichettipalayam. 6.In the result, this Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 05.01.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order klt To The District Munsif Court, Gobichettipalayam.

KRISHNAN RAMASAMY, J.

klt C.R.P (PD).No.856 of 2018 and CMP.No.4712 of 2018 05.01.2021