LAWS(MAD)-1998-12-112

UNION BANK OF INDIA TIRUNELVELI JUNCTION Vs. MUTHIAH

Decided On December 17, 1998
UNION BANK OF INDIA, TIRUNELVELI JUNCTION Appellant
V/S
MUTHIAH Respondents

JUDGEMENT

(1.) THE tenant, who is the respondent in R.C.O.P.No.73 of 1977 on the file of Rent Controller/District Munsif, Tirunelveli, is the revision petitioner. THE revision is filed under Art.227 of Constitution of India.

(2.) THE facts are very simple. THE landlord filed the rent control petition for fixation of fair rent. In that proceedings, he wanted the Chairman of the Union Bank of India to be examined. THE Union Bank of India is the tenant, who is the revision petitioner herein.

(3.) ACCORDING to me, the procedure adopted by the lower court is per se illegal. It has been repeatedly held by various courts that the practice of summoning opposite party as witness have to be deprecated, and the same will result to embarass the judicial investigation.