T. SHANKARA RAJU Vs. LOKNATHA REDDY

JUDGEMENT

(1.) This petition is by the defendant in O.S. No.7/2019 on the file of the II Additional Civil Judge and JMFC, Kolar [for short, 'the civil Court']. The civil Court by the impugned order dtd. 16/6/2021 has rejected the petitioner's application [I.A. No.8] filed under Order XVI Rules 6 and 7 read with Sec. 151 of the Code of Civil Procedure, 1908 [for short, 'the CPC'].

(2.) The petitioner's application is for issuance of summons to the Sub-Registrar, Kolar Taluk, Kolar to produce the original register related to the sale deed dtd. 3/6/1982 which, as asserted by the respondent, is registered in No.596/1982-83 and to give evidence with regard to the same. The civil Court has rejected this application observing that the respondent's suit is only for permanent injunction and the respondent has produced the certified copy of the sale deed dtd. 3/6/1982 which would have the benefit of presumption available under the provisions of the Indian Evidence Act , 1872.

(3.) According to the respondent - the plaintiff, Sri. Honnurappa transferred the agricultural land measuring 3 acres 0.23 guntas in Sy. No.103/1 [old Sy. No.103] of Uddappanahalli Village, Narasapura Hobli, Kolar Taluk [the subject property] in favour of Sri. B.M. Chandra Kumar under the subject sale deed dtd. 3/6/1982 and on the demise of Sri. B.M. Chandra Kumar, his legal heirs have executed subsequent Sale Deed dtd. 23/10/2003 in his favour. The petitioner, on the other hand, denies that Sri. Honnurappa, who is his grandfather, has executed the sale deed dtd. 3/6/1982. Significantly, the respondent has not produced the original sale deed dtd. 23/10/2003 and he asserts that the original is lost decades back and appropriate complaint is lodged in this regard the moment it was learnt that the original is lost.