RAVINDRA KUMAR AND ORS. Vs. HABIB

JUDGEMENT

(1.) THE present Misc. Appeal has been filed by the appellants -plaintiffs under Order 43 Rule 1(u) of the Code of Civil Procedure against the impugned order dated 25.03.2009 passed by the learned Additional District Judge No. 1, Bhilwara in Civil Regular Appeal No. 02/2007 "Ravindra Kumar & Anr. Vs. Habib" by which order, the learned Appellate Court has, while disposing of the appeal of the present appellants, remanded the case back to the learned Trial Court of Civil Judge (Junior Division) -East, Bhilwara which had allowed the application filed by the defendant -respondent under Order 7 Rule 11 of the Code of Civil Procedure and dismissed the suit itself.

(2.) BY the impugned order dated 25.03.2009, the learned Appellate Court of Additional District Judge No. 1, Bhilwara dismissed the appeal of the plaintiffs, the present appellants, which was filed against the rejection of their Suit No. 92/2002 "Ravindra Kumar & Anr. Vs. Habib" on 15.12.2006. The suit in question was filed by the plaintiffs for recovery of the possession of the suit shop which was given to the defendant -Habib by way of license for setting up of the welding machine and the same was only a permissive possession though the defendant -tenant -Habib claimed that he was a tenant in the suit shop and paying regular rent to the plaintiffs. The said suit was dismissed by the learned Trial Court on 15.12.2006.

(3.) THE appeal filed by the plaintiffs came to be disposed of by the learned Appellate Court by the impugned judgment dated 25.03.2009 remanding the case back to the learned Trial Court for deciding the issues of Court Fees and Jurisdiction with the following observations: -