ORDER

1. The High Court while hearing the first appeal was supposed to deal with the questions on fact as well as law. The High Court has set aside the order of the trial court without disturbing many of the findings which had been recorded by the trial court. We are not satisfied with the judgment rendered by the High Court in the first appeal. The judgment under appeal is, therefore, set aside and the case is remitted back to the High Court for fresh decision in accordance with law.

2. The Registry is directed to remit the records which have been received here to the Registry of the High Court forthwith.

3. The parties would be at liberty to move the Honble the Chief Justice of the High Court for an early disposal of the appeal.

4. The appeal is disposed of in the abovementioned terms.