V. P. Gupta, J.—This appeal has been filed against the order, dated 22nd May 1979 passed by the District Judge, Simla Division, Gamp at Bilaspur, by which he has set aside the judgment and decree passed by the Sub-Judge, Ghumarwin, on 5th August, 1976, and has remanded the case to the court of Sub-Judge Ghumarwin, with the direction that Smt. Ghogan be impleaded as a party in the case, a9 she was a necessary party for the adjudication of the controversy between the parties to the suit.

2. The brief facts are that Beli Ram (Plaintiff) appellant filed a suit for possession with respect to 4 biswas of land which is shown as khasra number 898/i in the Tatima attached with the plaint and which is a part of khasra number 8^8 measuring 15 bighas 6 biswas of Amerpur, Pargna Teoni, Tehsil Ghumarwin, District Bilaspur. The possession was claimed by demolition of the house illegally built by the (defendants) respondents.

3. The allegations in the plaint are that khasra number 898, measuring 15 bighas 6 biswas is the sole ownership of the plaintiff and that during the absence of the plaintiff the defendants took illegal possession of a portion of the above said khasra number in the year