IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.347 of 2009
RAMJEE BHAGAT
Versus
VIJAY KUMAR SINGH
For the Appellant: Mr. C.M. Chourasia, Advocate
4 26.10.2010
Heard learned counsel for the appellant.
This appeal will be heard. Admit.
The following substantial questions of law arise for
consideration in this appeal:-
(i) Whether the lower appellate court
after formulating a question as to
whether the defendant is defaulter in
payment of rent should have
recorded a finding to that effect?
(ii) Whether in view of the clear-cut
admission in paragraph 6 of his
examination-in-chief by the
defendant, who has been examined
as DW 3, that he has executed the
Kirayanama(deed of lease) in the
year 2002, the lower appellate court
was correct in disbelieving the
Kirayanama(deed of lease) without
considering that part of admission ?
Issue appeal notice to the sole respondent under
ordinary process as well as registered cover with
acknowledgement due on requisite etc. being filed within
-2-
ten days, failing which, this appeal shall stand dismissed
without further reference to a Bench.
Call for the lower court records.
SC (Dr. Ravi Ranjan, J.)