L. N. CHHANGANI, J.

( 1 ) THIS is a defendants appeal under Order 43, Rule 1 Clause (u) C. P. C. against an appellate order of the District Judge, Jodhpur dated 30th September, 1958 reversing the decree of the Civil Judge, Jodhpur dismissing the plaintiff-appellants suit an a finding on one issue, and remanding the case for fresh decision after determining various other points arising in the suit. The material facts necessary for the decision of this appeal may be briefly given as follows :

( 2 ) ON 5th August, 1949 the defendant-appellant No. 1 Abdul Gani borrowed Rs. 2500/- from the plaintiff-respondents Devilal and Radhe Shyam and created a usufructuary mortgage of a house and transferred the possession of the house to the plaintiff-respondents. On the same day he took on lease the house from them and executed a rent-note in their favour on his own behalf and on behalf of his minor son Mohmad Saffi.

( 3 ) ALLEGING that the defendant-appellant did not pay any rent after the execution of the rent-note the plaintiff-respondents brought a suit for ejectment of the defendant-appellant from the house and for the recovery of Rs. 225/-as arrears of rent on 17-5-50 in the Court