JUDGMENT

Knox, A.C.J., and Pramada Charan Banerji, J. - The plaintiff in the court of first instance is the respondent here. He brought a suit in the Revenue Court in which he prayed that he might be declared proprietor of a disputed muafi and that costs, etc., might be granted to him. The court of first instance dismissed his claim altogether. He then went in appeal to the District Judge of Cawnpore who ordered that the decree of the lower court, that is to say, the court of first instance, dated the 13th of March, 1916, be set aside and the appeal be allowed to the extent that the plaintiff was entitled to be declared rent-free grantee of so much of the land in suit as the was then entered in the revenue papers as occupancy tenant of the same. The order, however, did not stop here. It went on as follows:--" That the suit be, remanded to the lower court for determination of the revenue payable by the plaintiff appellant." The defendant has now come to this Court and asks that the decree of the lower appellate court be set aside and the decree of the Assistant Collector be restored or any other order that may be deemed fit, may be passed. Various pleas were then set out attacking th