PRABHA NANDI Vs. GOPA GUPTA

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for cancellation of the sale deed, recovery of money and for injunction which the trial Court has dismissed except to the extent of recovery of a sum of Rs.48,000/- representing the electricity charges allegedly recoverable from the defendants-respondents herein.

(2.) It is, in our view, unnecessary to set out in detail the factual backdrop in which the suit in question and the present appeal came to be filed. We say so because after the matter was argued at some length by learned counsel for the parties, it was agreed that the entire judgment and decree passed by the trial Court including the part by which the suit was decreed to the extent of Rs.48,000/- against the defendants could be set aside and the suit remanded back to the trial Court for a fresh hearing and disposal in accordance with law after affording to the parties an opportunity to adduce evidence in support of their respective cases.

(3.) In the circumstances, therefore, and keeping in view the submissions made at the bar, we allow this appeal, set aside the impugned judgment and decree in toto (including the part by which the suit has been decreed for Rs.48,000/-) against the respondents and remit the matter back to the trial Court with the direction that defendants shall be given time to file a written statement and the suit tried and disposed of afresh in accordance with law. The parties are directed to appear before the trial Court for directions on 3rd November, 2008.