GYSIRAM Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a civil second appeal against the judgment of the Additional District Judge, Alwar, dated the 2nd March, 1949. The facts of this case are as follows: -

(2.) MOHANLAL filed a suit against Gyasiram in the court of the Munsif at Tijara on the 28th of October, 1941 for possession of a dilapidated shop with a chabutra on the basis of title. The allegations of the plaintiff were that the shop in question had been occupied by the defendant in his absence between the 18th and 26th of October, 1941 and that the defendant had put certain constructions thereon. The plaintiff therefore claimed that the possession be delivered to him and that the constructions put by the other side might be ordered to be demolished. The defendant denied the title of the plaintiff and stated that he was in possession of the property as owner for more than 30 or 35 years. The defendant also pleaded adverse possession against the plaintiff.

(3.) COMING to the facts of the present case it is clear that in remanding the case the Alwar High Court did not proceed to act under Order 41, rule 25 C. P. C. but the case was sent back after setting aside the judgment and decree of the lower court for a fresh decision on the point of limitation alone in the light of the decision of that court on other issues. The order of remand therefore cannot be treated to be one under Order 41, rule 25 C. P. C. but it shall have to be regarded as an order made in exercise of the inherent powers of that court.