S.B.Sinha, J.

1. This Second Appeal out of a judgment and decree dated 24-9-1979 passed by Shree Prabhat Kumar Sinha, First Additional Subordinate Judge, Hazaribagh in Title Appeal No. 39/3 of 1979/79, whereby and whereunder the said learned Court reversed the judgment and decree dated 13-4-1979 passed by Shree Uma Shanker Prasad in Title Suit No. 1 of 1978 dismissing the plaintiff-respondents suit.

2. By an order dated 5-2-1981 the following substantial question of law was formulated.--

Whether the defendant-appellant was a defaulter within the meaning of Section 12(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977 and liable to be evicted from the suit premises?

3. Mr. B.K. Dey, learned Counsel appearing on behalf of the appellant, sought permission to raise another substantial question of law in this Second Appeal which is in the following terms:

Whether the judgment passed by the learned lower appellate Court while reversing the judgment and decree passed by the learned trial Court committed a serious error of law as it while doing so did not assign any cogent reason so far as the issue relating to relationship of landlord and tenant?

4. Having h