BELA M.TRIVEDI,J. - (1.) WITH the consent of the learned counsels for the parties, the appeal is being decided finally at the admission stage.
(2.) THE present appeal has been filed by the appellants-plaintiffs under Order XLIII Rule 1(u) of CPC challenging the order dated 23rd March, 2009 passed by the Additional District Judge No.1, Jaipur City, Jaipur (hereinafter referred to as the 'Appellate Court'), in Civil Regular Appeal No.23/07 (7/07), whereby the Appellate Court has set aside the judgment and decree dated 21st November, 2006 passed by the Additional Civil Judge (Jr.Div.) Cum Judicial Magistrate, Jaipur East, Jaipur City, Jaipur (hereinafter referred to as the 'Trial Court') in Civil Suit No.340/1998 and remanded the case to the trial Court for deciding it afresh in the light of amended issue No.1 and issue No.2 recast by the Appellate Court. The short facts giving rise to the present appeal are that the appellants-plaintiffs had filed a suit before the trial Court seeking eviction of respondent No.1-defendant from the suit premises on various grounds, namely that the respondent-defendant had created a nuisance and his acts were inconsistent with the purpose for which he was admitted to the tenancy of the premises, and on the ground that he had caused default in making the payment of rent for more than six months. The said suit was resisted by the respondent-defendant by filing his written statement denying the allegations and averments made in the plaint and requesting the Court to dismiss the suit.
(3.) THE trial Court from the pleadings of the parties framed following five issues: "(1) ...[VERNACULAR TEXT OMMITED]..." ;