JUDGMENT :

Abhay Manohar Sapre, J.

(1) This appeal is filed against the final judgment and order dated 17.06.2005 of the High Court of Gujarat at Ahmedabad in Civil Revision Application No. 110 of 1994 whereby the High Court allowed the revision application filed by the respondents herein and quashed the judgment/order dated 12.10.1993 passed by the District Judge, Bharuch in Civil Appeal No. 152 of 1982 and remanded the same to the District Judge, Bharuch.

(2) In order to appreciate the short controversy involved in the appeal, few facts need mention.

(3) The appellants are the plaintiffs-landlord whereas the respondents are the defendants-tenant.

(4) The suit house is situated in village Sachan, Taluka Wagra, District Bharuch. One Bai Zaverben, widow of Chhaganbhai Govindbhai Patel was the owner of the suit house. She had let out the suit house to one Ranchhodbhai Govindbhai as her tenant on a monthly rent of Rs.3/-. He had also executed rent note in her favour. Bai Zaverben died in 1977. She had, however, executed a will in favour of one Kalidas Chunnilal Patel (the appellant herein-since dead and represented by his legal representatives) bequeathing the suit house to him. Kalidas Ch