KALI DEEN SINGH Vs. JAGDAT PATHAK

JUDGEMENT

(1.) This is an appeal against a judgment of a learned single Judge of this Court who allowed the second appeal by holding that under the provisions of Section 92, Evidence Act, it was not open to the plaintiff to prove by oral evidence a contract which was inconsistent with a written bond of 31 May 1914.

(2.) The first point taken before us is that the learned Judge of this Court has upset a finding of fact.

(3.) It appears that the respondent Jagdat Pathak brought a suit against the appellant Kali Deen Singh for his ejectment in the revenue Court alleging that Kali Dean was his tenant. The appellant Kali Dean pleaded there that he was holding the land in lieu of interest of a bond which had been executed by Jagdat's brother on 31 May 1914. Kali Deen was referred to the civil Court and accordingly he instituted the suit out of which the present appeal has arisen.