RAM VINOD ROY Vs. RAM SUMARI DEVI

JUDGEMENT

(1.) THE defendant is the appellant against an order of remand. This appeal is directed against the judgment dated 29.9.2000, passed by the learned IVth Additional District and Sessions Judge, Samastipur, in Title Appeal No. 38 of 1989 (Most. Ram Sumari Devi and others vs. Ram Binod Rai and others), whereby he has set aside the judgment and decree dated 30.6.1989, passed in Title Suit No. 35 of 1979 (Bal Govind Raout vs. Ram Binod Rai and another), impugned before him, and has remitted back the matter to the learned trial court for a fresh judgment in accordance with the observations made therein and in accordance with law.

(2.) THE suit was instituted for removal of encroachment allegedly by the defendant (appellant) to the extent of four dhurs. In other words, it is a suit for declaration of title and recovery of possession of 4 dhurs of land. The defendants entered appearance and contested the matter leading to the aforesaid judgment, whereby the trial court dismissed the suit. The plaintiffs appealed which has been allowed by the impugned judgment, that of the trial court has been set aside, and the suit has been remitted for a fresh judgment, in accordance with the directions.

(3.) LEARNED counsel for the plaintiffs (respondents) has supported the impugned judgment.