BANDI SATHAIAH Vs. BANDI ESHWARAIAH

JUDGEMENT

(1.) Petitioner herein is plaintiff. He instituted suit for perpetual injunction on the subject properties mentioned in the suit schedule. Trial is completed and the suit is coming up for arguments. At this stage, petitioner filed I.A.No.331 of 2016 praying to direct the respondent/defendant to submit sketch map of the land pertaining to Survey Nos.14, 15 and 32 of Kandikonda Village, Mahabubabad District, and to give evidence explaining the measurements of land in each survey number.

(2.) Case of the petitioner/plaintiff is that during the cross examination, DW.1 deposed that he could not identify the suit land after going through Ex.A3, but admitted that he would file Tonch map. Since respondent/defendant has accepted to file Tonch map, the same should be directed to be filed. It is the further case of the petitioner that he was unable to secure the relevant documents from the revenue authorities as they are not furnishing the same and since the respondent/defendant has accepted that he would file Tonch map, he should be given direction.

(3.) This claim of the petitioner/plaintiff was opposed by the respondent/defendant. The stand of the respondent/defendant is that the burden is on the petitioner to produce all the relevant material in support of his claim, but cannot rely upon the material available with the respondent/defendant to substantiate his claim.