MODI, J.—This civil miscellaneous appeal by the plaintiff is directed against the appellate judgment of the District Judge, Ajmer, dated 15-1-72 whereby the judgment and decree of the additional Civil Judge, decreeing suit for eviction and arrears of rent was set aside and the case was remanded to the trial court for fresh decision in accordance with law after taking defendants evidence.

2. The facts relevant for the purpose of deciding this appeal are as follows:

Plaintiff Rampal and his two brothers are the owners of the property situate on Katchery Road, Ajmer and the Manager, Sasta Sahitya Press Ltd. and the Managing Director, Hind Sahitya Ltd., hereinafter called as defendants Nos. 1 & 2 respectively, are the tenants of the said property. The monthly rent of the property is Rs. 200/-. The tenancy is monthly in accordance with the Gregorian calendar. The present suit was instituted on 13 4-67 for the recovery of the arrears of rent amounting to Rs. 4300/-and for eviction inter alia on the ground that the defendants neither paid nor tendered the amount of rent due for more than six months. Summonses for settlement of issues were sent for service on the defendants for 4-7-67. On th

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