A. PANCHAVARNAM Vs. K.S. ARUNACHALA NADAR

JUDGEMENT

(1.) CHALLENGING the fair and final order passed in I.A.No. 775 of 2010 in O.S.No. 129 of 2009 on the file of Additional District Munsif, Karaikudi, the defendants have filed the above civil revision petition.

(2.) THE plaintiff filed the suit in O.S.No. 129 of 2009 to declare the registered sale deed dated 16.07.1979 as invalid and for recovery of possession. The said suit is being contested by the defendants on various grounds. In the said suit, the plaintiff took out an application in I.A.No. 775 of 2010 seeking for appointment of an advocate commissioner to send Ex.B1 original sale deed dated 16.07.1979, Original registered sale deed dated 19.04.1976 and Original registered Will dated 05.10.2001 to the forensic science lab at Chennai for its Expert's opinion by comparing handwriting as well as thumb impression in Ex.B1, sale deed and Will. The said application was opposed by the defendants on various grounds. The Trial Court after taking into consideration the relief sought for in the suit rightly allowed the application. Since the plaintiff had contended that the sale deed dated 16.07.1979 is a fabricated document, the burden is on the plaintiff to establish the said contention by acceptable evidence.

(3.) SINCE the suit is of the year 2009 and according to the respondent, the plaintiff is aged 95 years, I direct the Trial Court to dispose of the suit, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.