Raveendran, C.J. -- 1. The respondent herein filed a suit for ejectment (Civil Suit No. 423A/2002 on the file of III Civil Judge, Class II, Jabalpur, transferred and renumbered as CS No. 20A/2004 on the file of VIII 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 tiled 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 FA No. 337/2003 pending on the tile 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), hut specifically admitted in the earlier suit filed by them (CS No. 104A/20(2). The said suit was tiled 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 ofYijay Singh Rana (of whom