ARUN BHANSALI,J. - (1.) This appeal is directed against judgment dated 19.05.2012 passed by Additional District Judge (Fast Track), Balotra, whereby, the appeal filed by the respondent against the judgment and decree dated 17.12.2005 passed by Civil Judge (Junior Division), Siwana has been allowed and the matter has been remanded back to the trial court.
(2.) The suit was filed by the respondent-plaintiff for eviction and mesne profit with the averments that house situated at village Samdari was owned by him, which was let out by him to his brother on 01.10.2001 on rent @ Rs. 800/- per month. It was alleged that the rent was not paid since beginning and ultimately the respondent issued notice under Section 106 of the Transfer of Property Act, 1882 ('T.P. Act') terminating the tenancy. Based on the said averments, the possession of the suit property along with mesne profit was sought.
(3.) The suit was resisted by the appellant by filing written statement claiming himself to be the owner of the property and denying that the property was ever let out by the plaintiff to him.;