GURBAX SINGH Vs. NATHA SINGH

JUDGEMENT

(1.) This is a second appeal from the appellate order of S. Haqiqat Singh, Additional District Judge, Bhatinda. The facts briefly stated are as follows:

(2.) On the death of one Sundar Singh who held certain land as an occupancy tenant the Plaintiffs brought a suit for possession of the land on the ground that they were Sundar Singh's reversioners. The suit was resisted by the defendants who are the landlords. They denied that the Plaintiffs were the reversionary heirs of the deceased occupancy tenant or that they had any right to succeed to the land left by him. The trial Sub-Judge framed the following issue: ,

(3.) A preliminary objection has been raised by the respondents' counsel that the remand order made by the Additional District Judge is under Section 151, Civil P.C. and consequently no appeal, is competent. Taking into consideration the nature of the remand order I am inclined to think that the objection is well-founded and at the request of the Appellants' counsel I treat the appeal as a revision petition.