(1.) THE sole Defendant in the suit out of which this appeal arises is the Petitioner.
(2.) THE Plaintiffs instituted the suit for declaration of their title and recovery of possession of the suit lands described in schedules Band C of the plaint and for redemption in respect of the B schedule land. According to them, those lands belonged to Mst. Kuli, their mother who inherited them from her husband Budhu Kisan (father of the Plaintiffs). These lands were recorded in the name or Mst. Kuli in the Hamid Settlement. According to the plaint Mst. Kuli before her marriage to Budhu Kisan had a daughter Mst. Michoo through her previous husband Kanho after whose death she married Budhu Kisan according to caste custom. After the death of Mst. Kuli, according to the Plaintiff, they inherited the suit lands. It is further alleged in the plaint that during Hamid Settlement, Mst. Kuli had mortgaged the B schedule land with the Defendant 's father for Rs. 40/ - and the said mortgage stands noted in the record -of -rights. Since this mortgage, Defendant 's father remained in possession of the land mortgaged and after his death, the Defendant possessed the same as a mortgagee. Regarding the C schedule land, the plaint case is that Mst. Kuli was in possession thereof till her death where after the Plaintiffs came to possess the same. The Defendant for the first time created trouble in the Plaintiffs ' possession over the C schedule land and ultimately dispossessed them a year before the suit. Hence, the Plaintiffs filed the suit for the aforesaid reliefs.
(3.) THE trial Court dismissed the Plaintiffs ' suit on a finding that the suit lands belonged to Kanho, first husband of Mst. Kuli; that on the death of Kanho and Mst. Kuli, Mist. Michoo succeeded to them and that the Plaintiffs never had any right, title or interest to the lands in suit. It further found that the Defendant had perfected his title by adverse possession. It, however, negatived the defence contention that Mst. Kuli was not the legally married wife of Budhu and that the Plaintiffs are not born out of lawful wedlock between Budhu and Mst. Kuli. The lower appellate Court in the appeal filed by the Plaintiffs set aside the findings of the trial Court and held that the suit properties were the Stridhan properties of Mst. Kuli, and therefore, on the death of Kuli, her daughter, viz., the Plaintiffs as well as Mst. Michoo would be entitled to inherit them according to the Hindu law. It further held that since the properties were the Stridhan properties of Mst. Kuli, the same would pass in the following order, viz., (1) unmarried daughter, (2) married daughter who is un provided for and (3) married daughter who is provided for. It also found that the Plaintiffs as well as Mst. Michoo were all the daughters of Mst. Kuli, Mst. Michoo through Kanho, and the Plaintiffs through the second husband Budhu. In view of these findings, the lower Appellant Court remanded the Case to the trial Court for fresh disposal. It is against his order of remand, the Defendant has filed this civil revision.