JUDGMENT :

1. The present miscellaneous appeal has been filed by the defendants-appellants against the impugned judgment dated 28.10.2009 passed by the Court of learned Additional District and Sessions Judge (Fast Track) No.2, Karauli (for short ‘the First Appellate Court’) whereby the civil appeal No. 9/2009 filed by the plaintiff-respondent was allowed and after setting aside the judgment dated 06.12.2001 passed by the Court of Civil Judge (Junior Division), Karauli (for short ‘the trial Court’) in civil suit No. 170/1992, the case was remitted back to the trial Court for fresh decision after framing an additional issue.

2. The facts in brief of the case which are relevant for adjudication of this appeal are that the plaintiff-respondent filed a suit for eviction and recovery of rent against the defendants appellants before the trial Court against which the defendants appellants submitted written statement and denied the averments of the plaint. On the basis of pleadings of the parties, the trial Court framed as many as seven issues including issue No.5 i.e. ‘in absence of any premises the plaintiff would suffer inconvenience in comparison to the defendants’. The trial Court partly