TULSHI DASS Vs. ISHWAR DASS

JUDGEMENT

(1.) The suit filed by the plaintiff-appellant Tulshi Dass, was for declaration to the effect that he is joint owner in possession along with defendants in equal share of the property marked ABCD bearing Municipal No. B-VIII 268, consisting of three shops, two rooms,one kitchen, courtyard, stairs verandah on the ground floor and two rooms Hall with verandah, one kitchen on the first floor. A further prayer was made for separate possession of the suit property by way of partition.

(2.) The suit was contested by the defendants. The defendants claimed that the property in question was exclusively owned by them and the plaintiff had ceased to have any interest in the suit property. The learned trial court vide judgment dated November 29,1997 decreed the suit filed by the plaintiff.

(3.) An appeal was filed by the defendants before the learned first appellate court. The learned first appellate Court vide its order dated March 9,2001 framed two additional issues and after setting aside the judgment and decree of the learned trial Court had remanded the case to the learned trial court by permitting the parties to lead evidence on the aforesaid two additional issues and re-decide the case. The aforesaid order dated March 9,2001 has been assailed by the plaintiff-appellant by way of present appeal.