S.D. Khare, J. - (1.) This is a defendants' second appeal arising out of a suit for declaration. that the plaintiff is bhumidhar of the plots in suit and entitled to remain in possession of the same and for permanent injunction restraining the defendants from interfering with the possession of the plaintiff. The suit was filed in the court of the Munsif Utraula (Gonda) who decreed it by his judgment dated 11-12-1961. The appeal filed in the court of the District Judge and heard by the Temporary Civil and Sessions Judge. Gonda was dismissed with costs. This second appeal is directed against the judgment and decree passed by the learned Temporary Civil and Sessions Judge, Gonda.
(2.) The suit was instituted in the year 1955 and was decreed. While the decree of the trial court was under appeal an application was moved by the plaintiff for impleading his wife as proforma defendant on an allegation that she had no right in property in suit but since the defendants case was that she and not the plaintiff could be entitled to bring this suit she was being made a proforma defendant. The application was disallowed by the lower appellate court but the revision application filed against that order in this Court was successful and it was directed that the lower appellate court should allow the amendment application and proceed to dispose of the appeal in accordance with law. The lower appellate court thereafter remanded the case to the court of the Munsif to enable the defendants to file fresh written statements because of the amendment of the plaint, to frame the necessary issues and then to decide the case in accordance with law.
(3.) It is not disputed that at the time the suit was decreed for the first time by the learned Munsif it was necessary for him to refer to the revenue court the issue relating to the tenancy. He, therefore, referred that issue to the revenue court and decided the case on the basis of the finding arrived at by the revenue court. After the remand order the learned Munsif gave an opportunity to the defendants to file their written statements. The newly added defendant admitted the plaintiffs claim. The learned Munsif accepting the old finding recorded by the revenue court on the issue regarding the tenancy once again decreed the plaintiff's suit for declaration and permanent injunction. As mentioned earlier, an appeal filed by the defendants against that judgment and decree was dismissed.;