IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28/06/2006
CORAM
THE HON'BLE MR. JUSTICE P.SATHASIVAM
C.R.P. PD No.735 of 2006
and
CMP No.7064 of 2006
Abdul Rawoof .. Petitioner
-Vs-
K.Shanmugasundaram .. Respondent
Civil Revision Petition under Article 227 of the Constitution
of India against the order and decreetal order dated 16.02.2006 and made in
I.A.No.309 of 2005 in R.C..O.P.No.53/01 on the file of the Principal District
Munsif (Rent Controller), Coimbatore.
!For petitioner : Mr.N.Isthiaq Ahmed
^For respondent : Mr.N.Manoharan
:ORDER
Heard learned counsel for the petitioner as well as the respondent.
2. The main grievance of the petitioner is that the court below is
not justified in dismissing his petition for appointment of second Advocate
Commissioner for inspection and report. It is not in dispute that under the
orders of the Court, the Commissioner was appointed and he inspected and
submitted a report. In such circumstances, even if the petitioner has any
grievance regarding the report of the Commissioner, he is free to file his
objection and in that event, the same will be considered by the Court below.
As rightly pointed out by the learned Rent Controller, the Rent Control
Petition for eviction is pending from 2001 onwards. In such circumstances,
there is no need to appoint another Commissioner. Further, the parties cannot
depend only on the evidence of the Commissioner. It is for them to prove
their respective case by placing accepted evidence. The Commissioner’s Report
may be a piece of evidence. All the above mentioned relevant aspects have
been considered by the learned District Munsif and the learned District Munsif
rightly dismissed. There is no error or infirmity in the order. The Revision
fails and the same is dismissed. Taking note of the fact that RCOP is pending
from 2001, the Rent Controller is directed to dispose of the same in
accordance with law within a period of four months from the date of receipt of
a copy of this order. The connected C.M.P.No.7064 of 2006 is also dismissed.
ajr
To
1.The Principal District
Munsif and Rent Controller,
Coimbatore
2. The Record Keeper,
VR Section, High Court, Madras.
