IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5614 of 2010 1. RAM CHANDRA PRASAD AGRAWAL S/O LATE MAHAVIR PRASAD AGRAWAL R/O MOHALLA- SALEMPUR CHAPRA AT PRESENT SAHEBGANJ, PURANI GURAHATTI, AGRAWAL VASTRALAYA, P.O. CHAPRA, P.S. CHAPRA TOWN, DISTT.- SARAN Versus 1. BHAGWATI PRASAD JAGATI S/O LATE RUDHMAL JAGATI R/O MOHALLA PURANI GURAHATTI, P.O. CHAPRA, P.S. CHAPRA TOWN, DISTT.- SARAN ----------- 2/ 27/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the defendant in the eviction suit aggrieved by the order dated 30.1.2010. The suit has been brought on grounds of default in payment of rent. Reliance was sought to be placed on an unregistered lease deed stated to contain a rent escalation clause. Learned counsel for the petitioner assailing the impugned order submitted that if the lease deed was unregistered, it not be looked into and therefore the suit for default in payment of rent on that basis was barred by the law. The relationship of landlord and tenant is not disputed between the parties. What was the quantum of rent agreed upon between them so as to make a case of default in payment of rent becomes a mixed question of law and fact to be decided at the stage of final hearing of the suit itself. Once the relationship of landlord and tenant is admitted, the Court finds no - 2 - reason to interfere with the impugned order dated 30.1.2010. The writ application is dismissed. KC ( Navin Sinha, J.)