M. GANESAN Vs. N. RAJESHWARI AND ANR.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 18.06.2013 made in I.A.No.1761 of 2013 in O.S.No.178 of 2009 on the file of the XVII Assistant City Civil Court, Chennai.

(2.) The petitioner is defendant and respondents are the plaintiffs in O.S.No.178 of 2009 on the file of the XVII Assistant City Civil Court, Chennai. The respondents filed the said suit for ejectment of the petitioner from the suit premises and for damages to the tune of Rs. 3,00,000/- for unlawful and illegal occupation of the suit property by the petitioner. According to the respondents, the suit property was demolished and reconstructed and the construction was completed during May 2007. The petitioner filed written statement in the month of January 2010 and is contesting the suit. The trial commenced and the parties let in evidence and closed their side. When the suit was posted for arguments, the petitioner filed I.A.No.1761 of 2013 under Section 151 C.P.C. to issue subpoena to the Zonal Officer, Corporation of Chennai, T.Nagar, to produce the relevant records with regard to the issuance of property tax demand card (Ex.A14) in respect of the suit property and to adduce evidence on the above aspects.

(3.) According to the petitioner, the suit property was not reconstructed and the building was only modified and renovated. It is not correct to state that the reconstruction was completed in May 2007, but it was completed long back. The respondents have marked Ex.A14/property tax demand card in respect of the suit property and the property tax assessment to show that reconstruction was completed in the year 2007. To disprove the same, it is necessary to examine the qualified Zonal Officer, Corporation of Chennai.