MOHD MAHMUDUL HAQ Vs. RAM RATI

JUDGEMENT

(1.) Heard Sri R.C.Singh, learned counsel for the petitioner. None appeared for the respondents though the names of Sri V.B. Khare, Sri V.D. Ojha, Sri Yasharth, Sri R.U. Ansari and Sri V.K. Khare have been shown in the cause list as counsel for the respondent. Sri Ansari, one of the several counsels for the respondent has sought adjournment on the ground of illness, which I declined to accept since it is an old matter pertaining to year 1977 and there are several other counsel to represent respondent. I accordingly proceed to hear this appeal ex parte.

(2.) Following four substantial questions of law were formulated by this Court:

(3.) The brief facts, which would be helpful to answer the aforesaid questions, as born out from record, are as under: