JUDGMENT: The plaintiff filed the above appeal questioning the correctness of remand order passed by the lower Court.

2. The plaintiff filed the suit for permanent injunction restraining from interfering with his peaceful possession. In the plaint the schedule property is mentioned as it covers 1 acre and 75 cents, that too within the specific boundaries. Though the suit was resisted by the respondent it is stated in the written statement that within the said specific boundaries mentioned in the plaint, the extent must be more than 1 acre and 75 cents. After considering the objections and evidence, the trial Court decreed the suit as prayed for. So the respondent filed appeal. However, the lower appellate Court foudn that the respondent has no objection to grant a decree with respect to the land measuring 1.75 acres on the south of the plaintiff’s patta land. But having held so, the lower appellate Court remanded the matter to the trial Court to find out what are all the land which are not in possession and what are all the land, which are in possession of the plaintiff. Aggrieved by the same, the plaintiff filed the above appeal.

3. Learned counsel for the appellant submitted that t

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