SATYANARAYANA SETTY N C Vs. NAGARATNAMMA

JUDGEMENT

(1.) The question which falls for determination in this case is whether refusal by the learned trial Judge to permit the defendant's Counsel to address questions in cross-examination on issues other than the issue in respect of which the evidence was tendered is correct or not.

(2.) The facts leading to the case may be stated and they are as follows : The suit by the plaintiff is for possession. The defendant has set up the following defence, that he is a tenant-mortgagee in possession and after mortgage has been re-deemed, his tenancy has been revived and therefore he is entitled to continue in possession as tenant. In those circumstances, seven issues were framed by the trial Court.

(3.) Therefore, the learned trial Judge has correctly reasoned out that having regard to the fact that the plaintiff has reserved the right to lead evidence in rebuttal will give ample opportunity to the petitioner to cross-examine later after he has led his evidence in respect of which the burden is cast on the defendant. I therefore do so see, there is any error of reasoning or error of law committed in refusing cross-examination in regard to matters which are not relevant to the facts to which the witness has deposed, that is, in regard to issue No.3.