GH QADIR MALLA Vs. AB REHMAN BHAT

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and decree dated 28.11.2007 passed by Addl. District Judge, Srinagar, by which he has remanded the case to the trial court for fresh trial. The brief facts of the case are that a suit came to be filed by respondents/plaintiffs before the trial court claiming to be the tenants of the defendant/appellant with a further decree of mandatory injunction seeking restrain on the defendant/appellant not to dispossess them from the shop. The defendant/appellant denied status of the respondents/plaintiffs as tenants but said that they are licencees. The matter was heard by the trial court after the parties were permitted to lead evidence. The trial court vide its order dated: 19.12.2006 framed the following issues which are reproduced hereunder:

(2.) THE plaintiffs did not get their statements recorded by the trial court. The trial court after recording the evidence of the parties found on facts that plaintiffs failed to prove their status as tenants in the said suit. It is important to mention that a specific issue was raised by the trial court stating as to whether plaintiffs are tenants of the defendant. The trial court after hearing the parties dismissed the suit of the plaintiffs/respondents by holding that they were not tenants of the premises owned by the appellant and consequently they would not be entitled to any protection under J&K Houses and Shops Rent Control Act.

(3.) AGAINST this an appeal was preferred before the learned Addl. District Judge, Srinagar. The Addl. District Judge after hearing the parties has remanded the case for fresh trial to the trial court. That the following facts have influenced the appellate court to pass the order: