T G BHEEMARAJ Vs. YASOTHA

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 25.11.2009, made in I.A.No.986 of 2009, in O.S.No.318 of 2004, on the file of the District Munsif Court, Maduranthagam.

(2.) The petitioner had filed the suit, in O.S.No.318 of 2004, for a decree of permanent injunction against the respondent, who is the defendant in the said suit. The petitioner had also filed an interlocutory application, in I.A.No.986 of 2009, in O.S.No.318 of 2004, praying that the trial Court may be pleased to issue summons to the witnesses shown in the petition filed under Order XVI Rules 1 and 6 of the civil Procedure Code, 1908, and to direct the witnesses to produce the Original Koor chit, dated 17.11.1972, into the Court.

(3.) The petitioner had stated that the suit property had been purchased by the respondent, under a registered sale deed, dated 22.9.2003. As per the averments in the sale deed, the respondent's vendor had acquired the property, under a family arrangement. During the course of the cross examination, D.W.1 had admitted that her vendor, Abdul Raghuman, his brother Abdul Ajees and their mother had partitioned their properties, under a partition deed (Koor chit), dated 17.11.1972. However, the partition deed had not been produced by the defendant. As per the Koor chit the respondent's vendor, Abdul Raghuman, was not allotted the suit property. Therefore, the sale deed executed by Abdul Raghuman, in favour of the respondent, cannot be valid. To prove the same, the petitioner had examined, Abdul Raghuman and his mother Jaiyanebee, who are parties to the Koor chit and one Nagavelu, who had purchased some properties from Abdul Ajees. The petitioner had filed the interlocutory application in order to examine the said persons and for the production of the Koor chit.