This second appeal against order is directed against the judgment dated 15th March, 2011 passed the learned lower appellate Court i.e. Additional District Judge, North Tripura, Kamalpur, in Title Appeal No.1 of 2010, whereby he allowed the appeal of the defendant, set aside the decree of the learned trial Court and remanded the case back to the trial Court after framing fresh issues.

2. Briefly stated, the facts of the case are that the petitioner-plaintiff filed a suit praying for declaration of his right, title and interest over the suit land and he also prayed that the defendant who was in possession of the suit land be directed to hand over possession of the land to the plaintiff.

3. According to the plaintiff, he was always in possession of the suit land but in the year 1980 at the request of the defendant he had permitted the defendant to take possession of the suit land as permissive possessor. He, therefore, claimed possession of the suit land on the basis of his title.

4. Written statement was filed by the defendant. In the said written statement all the averments made in the plaint were denied. It was specifically pleaded that Sri Ratish Ch. Paul, father of t