Sanjay Kumar Dwivedi,J. - (1.) This Second Appeal has been filed against the judgment of reversal.
(2.) This Second Appeal shall be heard on the following substantial question of law: '(i)Whether the finding recorded by the first appellate court in favour of the plaintiff -landlord regarding the factum of default suffers from perversity owing to absence of evidence/deposition of the plaintiff in support of the averments made in her plaint as mandated in the pronouncement of the Hon'ble Supreme Court in the case of 'Vidhyadhar Vs.Manikrao' reported in (1999) 3 SCC 573 and whether the absence of such evidence could not be made up by the evidence of the power of attorney holder, as held by the Hon'ble Suprme Court in case of 'Janki Vashdeo Bhojwani and Anr. Vs. Indusind Bank Ltd. and Ors.' reported in (2004) 3 SCC 584 or not? (ii) Whether the burden of proof of default and entitlement for eviction lies on the plaintiff-landlord in view of sections 101 of 102 of the Indian Evidence Act, which having not been discharged in absence of the plaintiffs's evidence, the suit for eviction was bound to fail or not?' I.A. No.11823 of 2019, in which notice has been issued, has been filed for stay of Execution Case No.7 of 2019 pending in the Court of Civil Judge, Junior Division-I, Jamshedpur. Call for the L.C.R. Issue notice to the respondents in S.A. as well as in the instant I.A., by registered post with A/D as well as by ordinary process for which requisites etc. be filed within two weeks after Holi vacation failing which the instant appeal shall stand rejected without further reference to the Bench.
(3.) The notice issued by the executing court has been annexed with the said I.A.;