GYAN PRAKASH Vs. DHANRAJ DEO KISHAN

JUDGEMENT

(1.) Instant appeal has been filed under Section 104, read with Order 43 Rule 1(u), C.P.C. for challenging the order dated 30.05.1998 passed by Addl. District Judge No.2, Bikaner in Civil Appeal Decree No.66/84 (50/97), whereby, learned lower appellate Court remanded the case under Rule 23A of Order 41, C.P.C. for trial according to law.

(2.) As per facts of the case, appellants' father late Onkar Dutta let out a shop and nohra, situated at Nokhamandi, Bikaner to respondents on rent at the rate of Rs.300/- per month. Onkar Dutta died on 10.10.1981 leaving behind the appellants, eldest son Durga Dutta and widow Smt. Suraj Devi. Brother of the appellants, Durga Dutta while claiming himself to be the landlord of the aforesaid premises filed suit No.44/82 against respondent Deo Kishan for eviction of the premises.

(3.) Before the trial Court, the respondents denied title of Durga Dutta and pleaded that after death of Onkar Dutta they have attorned appellant Gyan Prakash and also had been paying rent to him even during lifetime of Onkar Dutta up to 10.10.1981 and, thereafter, they have paid rent to appellant Gyan Prakash up to March 1983.