GOMTI BAI Vs. BHARATI DAV

JUDGEMENT

(1.) THE defendants in a suit for eviction under the M.P. Accommodation Control Act, 1961 are the revision petitioners.

(2.) RESPONDENT filed a suit for eviction alleging that she purchased the building from one Kamlabai and the tenancy of the defendants who were tenants of Kamlabai has been terminated by notice. The defendants filed written statement denying the tenancy and attornment and further denied possession of Kamlabai and subsequent possession of the plaintiff. According to them, the building belonged to one Kandhilal who died during the pendency of the suit leaving behind his son Durga Prasad.

(3.) THE sale deed sought to be produced by the defendants was no doubt obtained after suit. But that relates to the suit property and the contention that the property belonged to the vendor has already been raised in the written statement. The defendant was only trying to bring to the notice of the Court the subsequent events by producing the document as well as incorporating the necessary averments in the written statement. The lower Court in dismissing the two applications failed to exercise jurisdiction vested in it thereby causing irreparable prejudice to the defendants.