P S SUBRAMANIAM CHETTIAR Vs. R SIVAKAMI

JUDGEMENT

(1.) THIS civil revision petition is directed against the order passed on 7.1.1993 on a memo in R.C.O.P.No.182 of 1989 on the file of the Rent Controller (III Additional District Munsif), Coimbatore.

(2.) SHORT facts are: The respondent had filed a petition for eviction on the ground of wilful default in payment of rent and on the ground of requirement of the building for the use of her son Nandakumar, who is said to be partner in Mahalakshmi Auto Parts. During the pendency of the petition, the revision petitioner had filed an interlocutory application under Sec.151 of the Code of Civil Procedure praying for permitting him to examine the Assistant Commercial Tax Officer, N.H.Road Circle, Coimbatore and for a direction for production of documents by him. Evidently, after receipt of summons, the Assistant Commercial Tax Officer appeared in Court and filed a memo objecting to the production of documents taking shelter under Sec.57 of the Tamil Nadu General Sales Tax Act, 1959, (hereinafter referred to as "the Act"). On that memo learned Rent Controller had passed an order accepting the objections taken by the Assistant Commercial Tax Officer, holding that the documents sought to be produced was a privileged document and that cannot be produced in court. Aggrieved by that order passed on the memo, the tenant in the court below has come forward with this revision petition.

(3.) PER contra, Mr.V.Nicholas, learned counsel appearing for the respondent would submit that neither in the affidavit filed in the revision petition nor in the petition filed in the revision petition he had made any mention of this deed of partnership, in which, according to the revision petitioner the son of the respondent was not a partner and as such, the present contention of learned counsel for the petitioner cannot be considered.