FRANCIS D SOUZA Vs. RAJNI

JUDGEMENT

(1.) This appeal has been filed at the instance of defendant under Order 43 Rule 1 (u), CPC. The plaintiff-respondents filed a suit for eviction on the relationship of landlord and tenant against the appellant. The Said suit was resisted by appellant by filing written statement.

(2.) The learned Trial Court after framing the issues and recording the evidence of the parties dismissed the suit.

(3.) The first appeal which was filed by the respondents before learned First Appellate Court has been allowed by the impugned order and the case has been remanded to the learned Trial Court to decide the suit afresh. In the first appeal, an application under Order 41 Rule 27, CPC was filed by the respondents who were appellants in that Court and accordingly the learned First Appellate Court allowed that application and remanded the case to learned Trial Court.