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2009 DIGILAW 204 (MAD)

P. S. Masilamani v. The Collector Tiruvallur District & Another

2009-01-20

G.RAJASURIA

body2009
Judgment :- Common Order: Animadverting upon the order dated 20.09.2007 made in I.A.Nos.1388 and 1389 of 2007 in O.S.No.309 of 1994 passed by the learned District Munsif, Poonamallee, these civil revision petitions are focussed. 2. Heard both sides. 3. Niggard and bereft of details, the relevant facts, which are absolutely necessary and germane for the disposal of these civil revision petitions would run thus: The revision petitioner herein filed the suit in O.S.No.309 of 2004 seeking following reliefs: .- for a declaration that the plaintiff is the owner of the suit property; .- for a consequential injunction, restraining the defendants, their men, servants, department people, successors in Office, from interfering with the plaintiffs peaceful possession and enjoyment of the suit property, trespassing forcibly, dispossessing the plaintiff and allow some third parties to illegally occupy the suit land and allow third parties, put in possession of the same in any manner whatsoever. The defendants had entered appearance and filed their written statement also; whereupon the Court conducted the trial and the matter was posted for arguments; at that stage, the plaintiff filed I.A.Nos.1388 and 1389 of 2007 to re-open the case and for summoning the settlement register in respect of the suit land. The trial Court dismissed both the applications by a common order dated 20.09.2007. Being aggrieved by and dissatisfied with the same, the present civil revision petitions have been filed on various grounds. 4. Learned counsel for the revision petitioner would develop his argument to the effect that the plaintiff is prosecuting his case as against the Government, which is the biggest litigant and unless due opportunity is given to produce all the relevant documents, it would be very difficult for the petitioner to prove his case. 5. Whereas the learned Special Government Pleader for the Government would vehemently oppose the prayer for allowing the I.A.Nos.1388 and 1389 of 2007 on the main ground that already the matter was posted for arguments and at the fag end of the case, the plaintiff came forward with such petitions and that too, after clearly and categorically admitting that even as early as on 31.01.1983, a certified copy of the said settlement register was obtained by the plaintiff; as such the contention of the learned counsel for the revision petitioner, that only recently he came to know about the assessment of the suit land as "Anadheenam" is neither here nor there. The lower Court also in its reasoned order highlighted all these facts and gave liberty also to the petitioner to mark the extract of the Settlement Register and in such a case, this revision petition is having no merits. 6. In this factual matrix, I am of the considered opinion that the lower Court correctly addressed itself to the relevant facts and the law points and passed the common order. 7. Unassailably and incontrovertibly, the fact remains that even as early as on 31.01.1983, the plaintiff obtained an extract of the relevant settlement register pertaining to the suit property and in such a case, he could very well with the permission of the court, place it as evidence before the Court and get it also marked in the way known to law. Instead of doing that, the petitioner has chosen to file an application for reopening the case and for summoning the settlement register, which in my opinion was untenable and the lower Court also correctly dismissed it. 8. Hence, both these civil revisions are dismissed reiterating the view of the lower Court that the plaintiff is at liberty to produce the certified copy of the extract of the Settlement Register and with the permission of the court, he could mark the same in the way known to law. No costs. Consequently, the miscellaneous petitions are closed. 9. The learned Special Government Pleader would submit that since this is a very old matter, a time limit may be fixed for disposal of the suit. Hence, the lower Court is directed to dispose of the suit within two months from the date of receipt of a copy of this order and report compliance.