ZABARDIN Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) THIS is a defendant's revision application against the decree for ejectment passed by the learned District Judge, Muzaffarnagar on 15-2--1977.

(2.) IN short the facts are that the plaintiff-opposite party filed a suit for ejectment of the defendant-revisionist from the premises in suit on the ground that he was a tenant at Rs. 30/- per month, that he fell in arrears of rent from 1-5-1970, that a notice to quit was given on 31-10-1973 which was served on the defendant on 1-11-1973. Thereafter a money order for incorrect amount was sent which he refused to accept. Therefore, the defendant became liable to ejectment.

(3.) THE defendant has filed this revision and his contention is that the learned lower revisional court had no jurisdiction to admit the Assessment List for 1-4-1968 to 31-3-1973 in exercise of revisional jurisdiction. THE contention does not carry much force because this document was filed on 13- 1-1970, after serving a copy of the application on the defendant's counsel the application came up for hearing on 15-2-1977. THE defendant did not chose to file any objection. Since this document was relevant for fjust decision of the case the court allowed it to be brought on the record. It appears that the defendant had not only filed no objections to the application for filing that document but had also given out that he will not file any document in rebuttal. In these circumstances there was no error on the part of the court in admitting this document and more so when there was no objection against it nor it was sought to be rebutted.