K JAYARAJ Vs. MOSES PANDIAN

JUDGEMENT

(1.) This is a revisional application under Article 227 of the Constitution of India against order dated July 2, 2010 passed by the learned Civil Judge (Junior Division), First Court at Port Blair, in Other Suit No. 49 of 2007.

(2.) By the order impugned the learned trial judge rejected an application filed by the plaintiff under Order 16, Rule 21 of the Code of Civil Procedure, inter alia, for leave to examine the defendant No. 2 as a witness of the plaintiff.

(3.) This revisional application arises out of a suit for eviction and recovery of arrears of rent. The plaintiff contended that the original tenant, the defendant No. 1, left the islands after inducting the defendant No. 2 as an unauthorized sub-tenant in the suit premises. The defendant No. 2 was running a business under the name and style Shoranur Keraleeya Ayurveda Samajam Hospital with massage centre.