V. R. NEWASKAR, J.

( 1 ) THIS is an appeal against an order of remand passed by the Additional District judge Indore under Order 41, Rule 23, C. P. C.

( 2 ) THE facts giving rise to this appeal are as follows : plaintiff filed this suit for ejectment and arrears of rent amounting to Rs. 960/- on the allegation that the defendant mortgaged with him his house in Chowk Bazar Mahidpur Ward No. 1 House No. 163 on 20-41950 "under a deed of usufructuary mortgage duly registered for a consideration of Rs. 8000/- and delivered possession to him on that day; that out of the aforesaid property possession of the portion of the house mentioned in Para No. 1 of the plaint was actually given possession of to the plaintiff and that the remaining portion of the house was taken by the defendant on Rs. 30 P. M. as rent; that four days later i. e. on 20-41950 the defendant executed a rent-note in plaintiffs favour in respect of that portion; that the defendant thereafter did not pay any rent; that the plaintiff thereupon gave notice to him on 22-10-1952 calling upon him to pay the arrears of rent and vacate the premises by the end of the current month; that in spite of the notice the defendant neither

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