Nasim Akhtar vs Ahmad Hussain
2023 Latest Caselaw 694 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No. 74 of 2019
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Nasim Akhtar .... .... .... Appellant Versus Ahmad Hussain .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rahul Kr. Gupta, Advocate For the Respondent : Mr. Shashank Shekhar, Advocate

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Order No.06 Dated- 09.02.2023 Heard the parties.

This appeal will be heard on the following substantial questions of law:-

(i) Whether the learned first appellate court has committed perversity by holding that the plaintiff was not ready and willing to perform his part of the contract by ignoring the notices of the plaintiff which have been marked Ext.6, 6/III and 6/D under the wrong impression that the plaintiff has to always carry the money with him from the date of the agreement till the date of the decree; in view of the principle of law settled by the Hon'ble Supreme Court of India in paragraph no.5 in the case of Sukhbir Singh and others v. Brij Pal Singh and others reported in (1997) 2 SCC 200?

(ii) Whether the learned first appellate court committed gross illegality by not considering Ext. 12 which has been wrongly referred as Ext. 13-in the impugned judgment, on the ground that the same was not duly proved even though the said document was not inadmissible in evidence; even though the same was marked without objection, in view of paragraph no.20 in the case of R.V.E Venkatachala Gounder vs Arulmigu Viswesaraswami & V.P Temple and another reported (2003) 8 SCC 752?

(iii) Whether the learned first appellate court has committed perversity in misconstruing Ext. A to be a notice given by the defendant to the plaintiff to the effect that the defendant has got vacated the suit property by his tenant?

Call for the Lower Court Records.

Mr. Shashank Shekhar, Advocate receives notice on behalf of the sole respondent.

List this appeal after receipt of the Lower Court Records.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)