DEVA RAM Vs. MOHD. ILIYAS

JUDGEMENT

(1.) BOTH the appeals arise out of the common order dated 18/12/1998 passed by the Additional District Judge No.1,Sikar (hereinafter referred to as 'the Appellate Court') in Civil Regular Appeal Nos.34/1995 and 35/1995, whereby the Appellate Court has set aside judgments and the decrees dated 28/01/1995 passed in Civil Suit No. 78 of 1987(199 of 1984) and in Civil Suit No.32 of 1989 (11 of 1985), and further remanded both the suits to the Trial Court for deciding afresh after consolidating the same.

(2.) IN the instant case, it appears that the respondent -plaintiff was the landlord of the two shops in question. He had filed the suit being No.78 of 1987 (199 of 1984) against the original tenant Devaram, who was the original appellant in Civil Misc. Appeal No.270 of 1999, and had filed the Civil Suit No. 32 of 1989 (11 of 1985) against the original tenant Hemraj, who is the appellant in the Civil Misc. Appeal No. 269 of 1999. It further appears that both the suits of the respondents were dismissed by the Trial Court by two separate judgments and decrees passed on 28/01/1995. The respondent having filed two separate appeals being Nos.34 of 1995 and 35 of 1995, the Appellate Court passed the impugned common order allowing both the said appeals. Being aggrieved by the said order, the present appeals have been filed by the appellants -tenants.

(3.) HOWEVER , the learned counsel Ms. Gayatri Rathore for the respondent has submitted that the impugned order passed by the Appellate Court being just and proper, this Court should not interfere with the same.