GAUTAM KOTHARI Vs. SHEELA TIWARI

JUDGEMENT

(1.) APPELLANT/defendant No. 1 has filed this miscellaneous appeal against the order dated 22-11-2004 passed in Civil Appeal No. 3-A/2004 by learned Additional District Judge, Dhar wherein the judgment and decree dated 21-11-2003 in Civil Suit No. 39-A/2003 was set aside and the case was remanded back for taking the documents on record and recording the evidence of the parties.

(2.) THE respondent No. 1 has filed the Civil Suit No. 39-A/2003 against the appellant defendant No. 1 for declaration of his title and also for the permanent injunction to restrain the defendant from interfering with his peaceful possession.

(3.) THE case of the plaintiff is that the grand father of the plaintiff was the Diwan of State of Dhar and the suit land bearing Survey No. 62 was the mafia land. That the suit land was given on rent on 31-12-1989 to Abbas Ali Bohra and plaintiff used to realize the rent from the tenant. That defendant has got his name mutated in the revenue record on the suit land bearing Survey No. 62.