SHEIKH ALFOO Vs. BABURALI MIA

JUDGEMENT

(1.) This is as appeal against an order of my learned brother Mr. Justice Chakravarti setting aside a decree of the first Appellate Court and remanding the case to that Court for re-trial.

(2.) The suit was a suit for recovery of arrears of rent at an enhanced rent; and one of the points of difference between the parties was what was the initial1 rent of the holding on which enhancement was to be calculated. It was the ca3e of the plaintiff that the initial rent was Rs. 6 odd which it was the case of the defendant that the rent was Rs. 6 odd.

(3.) The trial Court decided in favour of the plaintiff. On appeal the, learned Subordinate Judge relying together with other evidence on a certain kabuliyat, Ex. A, decided in favour of the defendant. The plaintiff appealed to this Court and Mr. Justice Chakravarti holding that the kabuliyat, Ex. A, which the learned Subordinate Judge had taken into consideration in coming to his finding was not admissible in evidence set aside the judgment of the first Appellate Court and sent back the case for re trial excluding this evidence which he held to be inadmissible. Against this order the defendant has appealed.