JOTHI Vs. PALANI

JUDGEMENT

(1.) THIS civil revision petitioner/tenant/respondent has preferred this civil revision as against the order dated 03.08.2007 in I.A.No.103 of 2005 in R.C.A.No.14 of 2005 on the file of Learned Principal District Judge, Pondicherry.

(2.) THE Learned Principal District Judge, Pondicherry, while allowing the I.A.No.103 of 2005 has interalia opined that as per section 23 of the Pondicherry Buildings (Lease and Rent) Control Act enables the Appellate Court to make further enquiry in an appeal which means additional evidence can be received if the situation requires and there is no doubt that an enquiry means receiving of evidence also and that view of the matter has allowed the petitioner to give additional evidence without costs.

(3.) IN the counter filed by the revision petitioner/respondent it is averred that the respondent/petitioner has not produced any document before the lower Court and the respondent has not impleaded his mother who is the owner of the scheduled property and there are lot of decisions of this Court that new pleading cannot be pleaded without pleading the same before the lower Court and therefore, a new plea cannot be allowed to be taken and hence the application has to be dismissed.