MD. HANIF MIA Vs. HALADHAR LAHKAR

JUDGEMENT

(1.) THIS appeal was remanded to the trial court for a finding on two issues that were framed at the appellate stage by the High Court. Those issues were as follows:

(2.) THE learned Advocate General appearing for the appellant has urged before me that the findings are conclusive and that the plaintiffs suit should be decreed on the basis thereof. Of course these findings cannot preclude the High Court from going into the evidence, since the remand was under Order 41. Rule 25 of the Civil Procedure Code and this court could examine the evidence if it was thought necessary, but what has outstandingly appeared from the judgment of the Munsiff itself is that the plaintiff had failed to prove any subsisting interest in the land on which the disputed house stands. The learned Munsiff in the course of his judgment observed as follows:

(3.) SECTION 116 of the Transfer of Property Act which relates to holding over is in the following words: