E MURUGAMMAL Vs. S SUBBIAH

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decretal order passed in I.A.No.110 of 2014 in A.S.No.64 of 2012 dated 18.11.2014 on the file of the learned Additional Sub-Court, Tirunelveli.

(2.) The Petitioner as plaintiff in O.S.No.400 of 2007 on the file of the learned Additional District Munsif Court, Tirunelveli filed the suit against the respondents herein for the relief of permanent injunction stating that the respondents have sold the property under unregistered sale deed dated 30.05.1994 and thus she is in possession and enjoyment of the suit property but the respondents were attempting to interfere with her peaceful possession. The respondents, as defendants filed written statement denying the title and as well as the signature contained in the above unregistered sale deed, apart from making plea that unregistered sale deed is not admissible in evidence. The Trial Court decided the suit on merits and dismissed the same, saying that unregistered sale deed is not admissible in evidence and the same is also not proved, by proving the signature contained in the documents, in view of denial of signature by the executors.

(3.) Challenging the judgment and decree the petitioner has filed appeal in A.S.No.64 of 2012 on the file of the Additional Sub-Court, Tirunelveli, wherein she filed a petition in I.A.No.110 of 2014 to appoint an Advocate Commissioner to take the documents containing the disputed signature and thump impression to the Forensic Laboratory for comparison along with admitted signature available in the registered relinquishment deed dated 06.01.1982 and obtain a report from the Expert. The said application was opposed by the respondents stating that there is 12 years gap between disputed admitted signature, thus it is not within the contemporaneous period and further the document is unregistered one, not admissible in evidence and the application was filed belatedly in the appeal. The Court below dismissed the petition on the ground that the signatures are not within the reasonable time and there are possibility of changing the signature and thump impression in view of passage of time and moreover the document itself unregistered one, it will not convey any title. The said order is under challenge in this revision.