REKHA RANA Vs. RATNASHREE JAIN

JUDGEMENT

(1.) The Respondent herein filed a suit for ejectment (Civil Suit No. 423-A/2002 on the file of 3rd Civil Judge, Class-II, Jabalpur transferred and renumbered as C. S. No. 20-A/2004 on the file of 13th Civil Judge, Class-II, Jabalpur) against the petitioners herein under the provisions of the M. P. Accommodation Control Act. In the said suit, the Respondent filed an application under Section 65 of the Evidence Act, 1872 ('Act' for short) seeking permission to lead secondary evidence in regard to the sale-deed dated 5-11-1997 executed in her favour by the previous owners (Ramdas and others) by producing a certified copy of the deed.

(2.) The Respondent claims that the original sale-deed is filed in F.A. No. 337/2003 pending on the file of this Court. It is also alleged that the execution of the said sale- deed by Ramdas and others in her favour was not disputed by the petitioners herein (tenants), but specifically admitted in the earlier suit filed by them (C.S. No. 104-A/ 2002). The said suit was filed by the petitioners herein for specific performance of an alleged agreement of sale dated 2-5-1996 executed by the previous owner Ramdas in favour of Vijay Singh Rana (of whom they are the legal heirs) and for a declaration that the said sale deed executed by Ramdas and others in favour of the respondent herein was void. The said civil suit was dismissed by judgment and decree dated 7-8-2003, which is challenged by petitioners herein in F.A. No. 337/2003.

(3.) The petitioners herein opposed the said application. They submitted that the Respondent herein ought to have taken steps to summon the original sale-deed instead of trying to produce a certified copy as secondary evidence.