- (1.) THIS appeal under Order XLIII, Rule 1 (u) CPC has been filed aggrieved by the judgment dated 22.03.1999 passed by the learned first appellate court in the appeal preferred by respondent -plaintiff Vikram Singh, whereby, after reversing the findings recorded by the trial court on issue Nos.2, 8 & 9 it remanded back the matter to the trial court for decision on issue Nos.3, 4, 5, 6, 11 and 12 after providing parties an opportunity of hearing.
(2.) THE brief facts of the case are that the plaintiff - Vikram Singh filed a suit on 18.01.1979 for arrears of rent and eviction against defendant Jeewana Ram alias Jawan Mal inter alia with the averments that a house by the name 'Anand Niwas' of the petitioner's ownership is situated at Sumerpur. A part of the said house was taken on rent by the defendant on 01.02.1973 for using as Workshop at a monthly rent of Rs.120.00 and rent note was executed on the same day. Averments were made raising grounds of the default in payment of rent, the premises having become unsafe for human habitation and bona fide requirement. The suit was resisted by the defendant by filing a written statement. The execution of the rent note dated 01.02.1973 was denied and it was claimed that the rent note filed with the suit was a fraudulent document. The relationship of landlord and tenant was also denied. The grounds raised for eviction in the suit were also denied. In the additional pleas it was stated that defendant has constructed workshop on the land in question with his own funds. It was also claimed that Shri Anand Singh, father of the plaintiff and his power of attorney holder, was an officer in the Police at Sumerpur and, has since retired, he had got his signatures on a stamp paper seven years back by undue influence and even if his signatures are proved on the rent note, still the said document cannot be acted upon as the same was executed under undue influence. It was prayed that the suit be dismissed.
(3.) THE learned trial court framed as many as 13 issues. The issues so far as relevant to the present appeal are issue Nos.2, 8 and 9, which reads as under: - "(2) 1 -2 -73 120) !# % (#) (8) ( !# undue influence - 0 !# 3 0 -, ( ) (9) !# 4 4 - (#)" ;