S. C. MOHAPATRA, J.

( 1 ) THIS appeal under O. 43, R. 1 (u), C. P. C. , arises out of an order of remand of the suit by the appellate court to the trial court.

( 2 ) THE suit relates to a piece of land locally named 'burakuti Bandha'. The defendant having claimed the land to be his, the suit has been filed by the villagers purporting to be one under O. 1, R. 8, C. P. C. , for permanently restraining the defendant from interfering with the suit land. The case of the defendant is that he has acquired title by adverse possession over the suit land of which he is in possession and enjoyment.

( 3 ) NINE issues were framed of which issues 7 and 8 are :"7. Has the defendant perfected his title over the suit land by way of adverse possession? 8. Is the suit land communal in nature?"

( 4 ) THE trial court held in answering issue 7 that the defendant is in possession of the suit land for more than thirty years. In answer to issue 8 the trial court held that the suit land is used for communal purpose of using the water of the tank for bathing, drinking and cultivation. On these findings the trial court having permanently restrained the defendant from interfering with the suit land in any ma