BALAIAH G Vs. G RAMCHANDER

JUDGEMENT

(1.) In this Civil Revision Petition, this Court is concerned with a question whether the executant of an unregistered sale deed could be permitted to be examined as Court witness and whether a Court witness could be cross examined by the rival parties.

(2.) The order passed by the District Munsif at Medchal, Ranga Reddy District, on 7-2-1997 in LA. No.806 of 1996 in O.S. No.48 of 1991 held that it was not objectionable for the Court to call Sri D. Lingamaiah to be examined as Court witness and to permit the parties to cross-examine him. The lower Court mainly observed that the respondent/plaintiff claimed possession of the property in question under an unregistered sale deed alleged to have been executed by Sri D. Lingamaiah; although in a suit for simple injunction, according to the learned trial Judge, the question of title need not be decided, but incidentally the title had to be gone through and for that purpose it was not objectionable to the Court to call the said witness to be examined as Court witness.

(3.) The Respondent No.l (plaintiff) claimed title under an unregistered sale deed alleged to have been executed by Sri D. Lingamaiah, but the petitioner (defendant) disputed the title of D. Lingamaiah and questioned his authority to convey the same to the plaintff/respondent.