GUPTA, J. This revision application arises out of a suit for possession and mesne profits filed on November 16, 1967. Six issues were framed in the suit out of which issue No 3 was to the effect as to whether the defendant had purchased the disputed property by an oral sale dated January 24, 1944 and was in possession thereof in pursuance of the aforesaid sale. The trial court decided issue No 5 as a preliminary issue on June 1, 1970 and thereafter the plaintiffs evidence was examined, which was closed on 26-11-73 and subsequently the defendants evidence was closed on 11-2-74. On the last mentioned date, the learned counsel for the plaintiff urged that as the burden of issue No 3 was on the defendant, the plaintiff should be allowed to lead evidence in rebuttal The defendant objected to the same on the ground that issue No. 3 was framed by way of rebuttal to issue No. 1, which was to the effect as to whether the defendant was in possession of the suit premises on the basis of a licence granted by the plaintiff on the year 1953. The trial court accepted the contention of the learned counsel for the defendant that issues No. 1 and 3 related to the same subject-matter and that the pla

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