RAS MOHAN Vs. SHIV NATH CHAURASIA

JUDGEMENT

(1.) By an order dated April 15, 1976 I had remitted the following issue for a finding: -

(2.) THE trial court has returned a finding that the construction of the premises in suit was completed Before April 1, 1966. The learn ed counsel for the plaintiff -opposite -party has filed an objection which is based on construction of Explanation to Section 2(2) afore said. The Explanation reads as follows: -

(3.) IN the result the revision succeeds and is allowed. The decree for ejectment is set aside. The trial court will now adjudicate upon the application under Section 39 of Act No. 13 of 1972 and pass orders in accordance with law. The findings already recorded in the judg ment dated May 5, 1975 are affirmed will not be re -opened. The parties will bear their own costs.