CHELLAMMAL Vs. KASI

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Subordinate Court, Alandur dismissing the application filed by the petitioners and 2nd respondent herein seeking to issue summons to the Thasildhar, Sholinganallur Taluk, to give evidence along with original records pertains to the suit property in S.F.Nos.103 and 103/2, Karapakkam Village, Sholinganallur Taluk.

(2.) The 1st respondent herein filed a suit for declaration of title and recovery of possession. The petitioners and 2nd respondent herein filed a detailed written statement and resisting the suit on various grounds. The trial in the suit is already commenced and the 2nd petitioner was examined as DW.1. At this stage, the petitioners filed an application seeking issuance of witness summons to the jurisdictional Thasildhar, the same was dismissed by the Trial Court. Aggrieved by the same, the petitioners have come before this Court.

(3.) The learned counsel appearing for the petitioners would submit that all the title documents relied on by the plaintiff relates to Survey No.103 and in the title document of plaintiff, there is no reference about subdivision of Survey No.103/2. In such circumstances, the revenue document pertains to above said survey number is very much relevant for production of revenue documents relating to suit property. Therefore, issuance of witness summon to Thasildhar is absolutely necessary.