SATISH CHANDRA Vs. GUDDAN

JUDGEMENT

(1.) With the consent of both the parties, this case has been heard and decided finally. Appellants/plaintiffs have filed this miscellaneous civil appeal under order 43 Rule 1(u) of the Code of Civil Procedure, 1908, being aggrieved and dissatisfied with the order dtd. 19/12/14 passed by the Additional District Judge to the court of First Additional District Judge, Damoh in civil Appeal no. 1-A/2014, whereby and whereunder the First Appellate Court set aside the judgment and decree dtd. 18/12/13 passed by Civil Judge Class 2, Pathariya, District- Damoh in civil suit no.32 A/2011 and remanded the matter back to the learned trial Judge.

(2.) The appellants /plaintiffs filed the suit before the trial court stating that they have purchased the land, survey number 6/1 area 0.14 dismil on 12/01/62 situated in Pathariya Distt. Damoh from Pt Santosh Kumar Hajari by a registered sale deed. Out of which plaintiff's house is built on 10 dismil land. 4x20 square feet out of remaining 04 dismil unoccupied land of the plaintiffs was taken by defendant on monthly rent of Rs.500.00 for the purpose of running a shop. The defendant is in default of payment of 27 months rent from January 2006 to 31/03/2008. Total Rs.15,500.00 is to be paid by the respondent to the appellants.

(3.) Despite the registered notice dtd. 01/02/08 served by plaintiffs to the defendant to vacate the land and payment of the arrears of rent, the defendant neither made the payment of arrears nor did he pass the vacant possession of land to the plaintiffs, therefore plaintiffs brought the present suit against the defendant for his eviction and recovery of arrears of rent.