GHASIRAM JAWAHARLAL JAIN Vs. KUNJILAL

JUDGEMENT

(1.) THIS appeal under Order 43, Rule l (u) of the Code of. Civil Procedure has been directed by the plaintiff/appellant against the order dated 31st October, 1985, passed by the IInd Additional Judge to the Court of District Judge, Sagar, in Civil Appeal No. 12-A of 1983, remanding the case to the trial Court deciding it afresh.

(2.) THE facts giving rise to the present appeal may be shortly stated thus : The plaintiff/appellant had instituted a suit for possession of certain land and damages amounting to Rs. 100/- on the basis of his title over the said land under a registered sale-deed. The defendants/respondents resisted the suit by denying the plaintiff's claim by pleading that the plaintiffs vendor had no substituting title to the suit land so as to enable him to transfer the same to the plaintiff. The defendants' pleaded that the land belonged to them and they were in possession of the same by virtue of their own rights. The trial Court dismissed the suit by judgment and decree dated 19th September, 1972. The plaintiff went up in appeal and made an application dated 21st March, 1973, before the lower appellate Court for appointment of a Commissioner to make measurements of the land. The said application was rejected by the lower appellate Court and the appeal was also dismissed on 6-8-1974.

(3.) THE plaintiff/appellant preferred second appeal before this Court being second appeal No. 742 of 1974. This Court by its order dated 19-2-1982 set aside the judgments and decrees of the two Courts below and remanded the case to the trial Court for a fresh decision with the directions :