Honble MADAN, J. – This Misc. Appeal has been preferred against the judgment and order dated 11th October, 1993 passed by the learned Addl. District Judge No.4, Jaipur City, Jaipur arising out of Civil Regular Appeal No. 81/92 whereby the learned appellate Court has set aside the judgment and decree dated 23.5.92 passed by the trial Court and remanded the case back to the trial Court.

(2). The facts giving rise to the filing of this appeal, briefly stated, are that the appellant-plaintiff filed a suit for eviction and recovery of the arrears of rent against the respondent- defendant on 18.4.74. It was inter-alia averred by the plaintiff in the suit that the Plot No. 52 is in his ownership and on the southern side of the said plot there are two shops and residential portion. Out of the two shops one shop was let out to the defendant-respondent at the rate of Rs. 30/- per month and a rent-note was duly executed by him. The tenant defaulted in payment of rent for a period of 9 months consecutively before institution of the suit. It was further contended by the plaintiff that he is a practicing lawyer and the maximum professional work he is getting from Jaipur and that he needs the disp

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