JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Heard Sri Kartikeya Saran, learned counsel for the defendants-appellants and Sri Santosh Kumar Mishra, learned counsel for the plaintiffs-respondents No.2 to 7.

2. This appeal under Order 43 Rule 1(u) of Code of Civil Procedure, 1908 (hereafter referred to as “CPC”) arises out of judgment and decree dated 18.7.2018 passed by Additional District Judge, Court No.6, Mirzapur in Civil Appeal No.42 of 2016 setting aside the judgment and order dated 11.12.2017 passed by Additional Civil Judge (Senior Division) Mirzapur in Original Suit No.265 of 2015 and remanding back the matter to the Trial Court.

3. A brief sketch of facts is necessary for the better appreciation of the case which are as under :

4. The dispute relates to the property being Arazi No.548, 549/1, 549/2, 546, 547, 554, 569, 570, 571, 575, 577 and 572 measuring 5 Bigha and 18 Biswa situated in Village-Tarkapur, Tappa – 84, Pargana Kantit, Tehsil and District Mirzapur. On 13.03.1947, one Kedar Nath Mishra was given a lease of aforesaid land in perpetuity. He executed an agreement for largesse (bakshishnama) (Endowment Deed) dated 17.08.1949, dedicating the entire property to “Lord Ram Chand