HARI NANDAN PD. Vs. DURGI PATEL

JUDGEMENT

(1.) THE plaintiffs -appellants have preferred this appeal against the judgment and order dated 12.2.2013 passed by the learned 1st Additional District Judge, Khagaria in Title Eviction Appeal No. 32/2011 by which the judgment dated 5.11.2011 and decree dated 19.11.2011 passed by learned Munsif, Khagaria in Title Eviction Suit No. 4/2006 has been set aside and the case has been remanded to the learned Munsif for deciding the case after taking additional evidence on the issues framed by the learned appellate court. The plaintiffs -appellants filed Title Eviction Suit No. 4/2006 for a decree of eviction of the defendant -respondent from the suit premises on the ground of default in payment of more than two months arrears of rent and on the ground of personal necessity and a decree for arrears of rent from January, 2006 to August, 2006 to be recovered from the defendant -respondent and to be paid to the plaintiffs -appellants.

(2.) THE defendant contested the case and denied the relationship between landlord and the tenant and further asserted that the Kirayanama was forged. The defendant has claimed that he has purchased the suit premises and the plaintiffs have no concern whatsoever with the suit property.

(3.) LEARNED counsel for the appellants submitted that the impugned order has not been passed in accordance with law. The order of remand has been made without any jurisdiction.