KASTURI BAI Vs. JABIR

JUDGEMENT

(1.) HEARD finally with consent of learned counsel for the parties.

(2.) THIS Misc. Appeal under Order 43 Rule 1(u) of the C.P.C. by the plaintiffs is against the judgment dated 4.1.2010 passed in Civil Appeal No. 77 -A/09 by the IInd Addl. District Judge, Shahdol, by which while setting aside the judgment and decree granted by the trial Court the matter is remitted back for framing of issues, recording of evidence on the said issues, fixing the provisional rent and to pass the judgment and decree afresh after granting an opportunity of hearing to all concerned.

(3.) THE suit was contested by the respondents - defendants by filing written statement. However, the respondents never disputed that the rent of the demise premises was not Rs.250/ - Per month. In fact, their case was that the defendants have informed the original landlord namely Late Shri Jokhilal Kahar and with his consent have partitioned the shop amongst themselves and started paying rent @ Rs. 250/ - per month of each part to the original landlord. It was their case that they were ever -since willing to deposit the amount of rent. Even certain applications were made seeking permission of the Court for deposit of the rent amount and in part they deposited the rent amount in the Trial Court.