1. ' On 28-10-1978, Yousaf appellant filed a suit for declaration that he was owner in possession of the disputed house, against Sodagar, respondent, in the Court of Senior Civil Judge, Sargodha. As a consequential relief, he prayed that the defendants be restrained from interfering with his possession of the disputed house. He averred in the plaint that he was in possession of the disputed house for the last 15/16 years; and he constructed the house in dispute on the vacant plot by spending 5,000/6,000 rupees and the defendants was bent pond taking possession of the house forcibly. The suit was resisted. The trial Court framed 7 issues. The parties led the evidence.
2. The trial Court decreed the suit on 16-5-1983. Feeling aggrieved thereby, Sodagar defendant filed appeal before the learned District Judge, Sargodha on 24-4-1984, who while framing following issues:- (6-A) Whether the defendant is in possession of the suit property? If so, what is its effect? OPD.
3. (6-B) Whether the defendant had rented out the property in dispute to the plaintiff? If so, its effect.
4. OPP. ' set aside the judgment and decree of the trial Court and sent back the case to Civil Judge 2nd Class for fresh decision after giving opportunity to the parties to lead evidence on the issues framed by him. Hence this appeal.
2. With the consent of the learned counsel for the parties, the order of the District Judge dated 24- 4-1984 to the extent of setting aside the judgment and decree of the trial Court, is set aside. The appeal shall continue to remain pending before him; the issues 6-A and 6-B framed by the appellate Court are referred for trial to the trial Court, with the direction that it shall take additional evidence in proof and disproof of the issues which may be adduced by the parties and shall return the evidence to the learned District Judge, Sargodha, together with its findings thereon and the reasons therefor. The trial Court will complete its proceedings within two months of the receipt of this order, under intimation to the Deputy Registrar (Judicial) of this Court. The parties are left to bear their own costs.