PHENPHUDI Vs. HARSUKH RAM

JUDGEMENT

(1.) This appeal is directed against judgment dated 14.03.2016 passed by the Additional District Judge No.2, Nagaur, whereby the appellate court has partly allowed the appeal filed by the respondent-defendant and while setting aside the decree dated 29.08.2011, has remanded back the matter to the trial court for redetermining issues No.1, 3, 4 and 6 with a direction to take additional evidence of the parties.

(2.) The suit was filed by the appellants-plaintiffs for declaration and possession of the suit property. The suit was resisted and the trial court framed as many as nine issues. After evidence was led by the parties, the suit filed by the appellants-plaintiffs, was decreed, the appellants-plaintiffs were declared owner of the suit property and the sale deed dated 009.1993 was set aside. Further direction was given for handing over possession of the suit property and payment of mesne profit @ Rs.100/- per month.

(3.) Feeling aggrieved, the respondent-defendant filed appeal. Along with the appeal, an application under Order 41, Rule 27 CPC was filed. The appellate court after hearing the parties on the appeal as well as the application under Order 41, Rule 27 CPC, allowed the application filed by the respondent-defendant under Order 41, Rule 27 CPC. Thereafter the appellate court went on to reverse findings on issues No.1 and 2 and also reverse finding on issues No.3 and 6, however, came to the conclusion that as application under Order 41, Rule 27 CPC has been allowed, the parties should be granted an opportunity to lead evidence/rebut the same and passed the order of remand.