MUMTAJ KHAN ALIAS MUMTAZ Vs. NABI HUSSAIN KHAN

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the judgment and decree dated 12.12.2000 passed by the 2nd Addl. District Judge, Buxar in Title Appeal No. 16/85 under which he has set aside the judgment and decree dated 22.3.1985 passed by the 2nd Munsif, Buxar in Title Suit No.125/75 and has remanded the suit for reconsideration afresh in accordance with law.

(2.) THE grounds on which the suit has been remanded are that the learned Munsif has not discussed the oral evidence adduced by the parties and the Munsif has failed to frame an issue whether the suit property mentioned in Schedule I was the property of Olayat Khan and Gul Mohammad which was essential for the decision of the case with regard to Schedule I property.

(3.) AKHTARI Begum, in the meantime, had also appeared. The petition was kept with the consent of respondents No. 2 to 5 for disposal at the time of final hearing. No body, however, appeared on behalf of any of the respondents during the first hearing. As such, only the learned Counsel for the appellants was heard.