MUKESH CHAND Vs. ABDUL HANEEF AND ORS.

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment dated 26.02.2010, passed by the learned District Judge, Dholpur, whereby the learned Judge has, after framing an additional issue, set aside the judgment and decree dated 29.10.2009 and has remanded the case back to the trial court. Vide judgment and decree dated 29.10.2009, the learned Additional Civil Judge (Junior Division), Dholpur, had decreed the suit for eviction filed by the plaintiff -respondents.

(2.) THE brief facts of the case are that the respondents filed a suit for eviction and arrears of rent against the appellant before the trial court. The appellant filed his written statement to the suit. On the basis of pleadings of parties, the learned trial court had framed six issues. The respondent, Abdul Haneef, examined himself and two other witnesses and exhibited only one document. Similarly, the appellant examined himself and one another witness and exhibited the documents from Exhibit A/1 to Exhibit A/86. On the basis of oral and documentary evidence, vide judgment and decree dated 29.10.2009 the learned trial Judge decreed the suit in favour of the respondents. Being aggrieved by the said judgment and decree, the appellant preferred an appeal before the learned Judge. However, vide judgment dated 26.02.2010 the learned Judge, while framing an issue, quashed and set aside the judgment and decree dated 29.10.2009 and remanded the case back, in toto, to the trial court. Hence, this appeal before this Court.

(3.) HEARD the Learned Counsel for the appellant and perused the impugned order.