SHER BAHADUR SINGH Vs. MAHABIR SINGH

JUDGEMENT

(1.) These are two miscellaneous appeals by the defendants against two orders of remand passed by the learned Civil Judge of Bara Banki setting aside the judgments and decrees of the Munsif of Bara Banki in two cases and directing him to try the cases in the light of the instructions given by him.

(2.) These appeals purport to have been filed under Order 43, Rule 1 (u), Civil P. C. Before the hearing of the appeals, a preliminary objection regarding the maintainability of the appeals was taken by the learned counsel for the respondents. In order to determine this objection a few preliminary facts might be stated.

(3.) The two suits out of which these appeals have arisen were filed by the same plaintiffs against the same defendants for possession of different tenancy plots situate in village Kanwan Danda, District Bara Banki, and for damages against the defendants who were alleged to be in unlawful possession of the same. The plaintiff's suits were based on the allegation that they were the daughter's sons of one Hardeo Singh, who was the last tenant of the plots in dispute, and after his death the defendants had taken forcible possession of the lands to which the plaintiffs were entitled.