JUDGMENT :

1. Though the instant appeal arises from an order of remand passed by the first Appellate Court, but we invited attention of the appearing Counsels on the proposition of law involved in the instant appeal so that the appeal can be conveniently disposed of without following the procedural aspect viz. bringing the Lower Court Records, preparation of paper books etc. Both the Counsels agreed to address the Court on the nuances of law applicable in this regard and we take up the matter for disposal of the instant appeal finally.

2. The facts are more or less undisputed. A suit for declaration of tenancy right was instituted by the respondent herein in respect of the suit premises alleging that the appellant issued rent receipts in his name and collected the rent up to the year 2015-2016. It is also not in dispute that initially the tenancy stood in the name of the father of the respondent, who died in the year 2012 leaving behind him surviving the respondent, the only heir.

3. After receiving the summons the appellant appeared and disclosed his defence denying the allegations made by the respondent in the said suit and simultaneously made a counter-claim seeking recovery of pos