THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.191 of 2010 ORDER: Respondents 1 to 8 filed O.S.No.1144 of 1998 in the Court of IV Senior Civil Judge, City Civil Court, Hyderabad, against the petitioner and respondents 9 to 13 for the relief of eviction. The petitioner took the plea that he acquired rights in the suit schedule property and made certain constructions on his own accord, duly obtaining permission from the Municipal Corporation, Hyderabad. The trial of the suit commenced. The petitioner filed I.A.No.761 of 2009 under Order 11 Rule 14 C.P.C. with a prayer to summon the Joint Commissioner, Circle No.1 office, Charminar and require him to produce the records relating to the suit schedule property. The application was opposed by respondents 1 to 8. The trial Court dismissed the I.A., through order dated 20.11.2009. Hence, this civil revision petition. Learned counsel for the petitioner submits that summoning of Joint Commissioner is necessary for production of the record. He contends that though he obtained permission from the Municipal Corporation, he lost the permission and other records and the Joint Commissioner would be in a position to produce the relevant record. Learned counsel for the respondents on the other hand submits that summoning of Joint Commissioner is not at all necessary and the so-called permission is non-existent. She contends that the purpose for which the Joint Commissioner is proposed to be summoned is outside the scope of the suit. The suit was filed way back in the year 1998 and for one reason or the other, it is not disposed of though more than one decade had elapsed. The suit is for the relief of recovery of possession. In case, the petitioner has pleaded title in himself, he could have either filed a separate suit or filed cross objections in the suit. No such steps were taken. The question as to whether he was given permission for construction, hardly becomes relevant in the context of the suit in its present form. The title of an individual vis-à-vis the property does not depend upon the nature of the permission accorded by the local authority. The trial Court has taken the correct view of the matter. The civil revision petition is accordingly dismissed. There shall be no order as to costs. __________ 07.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.191 of 2010 Date: 07.07.2010 JSU