MOTIBHAI JESINGBHAI PATEL Vs. RANCHHODBHAI SHAMBHUBHAI PATEL

JUDGEMENT

(1.) This appeal arises out of a suit brought by the respondents for a declaration that they were entitled to cultivate the two suit fields on payment of assessment and local fund cess only, on the ground that they were permanent tenants of the appellant.

(2.) The trial Court held that the respondents had failed to establish that they were liable to pay only the assessment and local fund cess, and were not entitled to the declaration sought for, and dismissed the suit. The respondents appealed against that order.

(3.) In appeal, the learned Judge thought that certain evidence, which was tendered on behalf of the plaintiffs, was wrongly excluded by the trial Court; similarly, certain questions, which were put to a witness on behalf of the plaintiffs, were wrongly disallowed by the trial Court. The learned Judge thereupon came to the conclusion that the exclusion of that evidence had prejudiced the appellants before him, set aside the decree made by the trial Court, and sent down the case with a direction that the plaintiffs should be allowed to put in such evidence, as they liked, on the particular point to be presently mentioned, and that the suit should be decided after consideration of that evidence and rebutting evidence, if any, together with the other evidence which was already on record. The defendant how appeals against that order.