1. This appeal is directed against an order of remand passed by the lower appellate Court in exercise of its powers under O.41 R.23 Civil Procedure Code.

2. The circumstances leading to the present appeal are as follows : -
Plaintiff filed a suit for possession of a house on the strength of a sale - deed dated 13/1/1954 executed by the defendant in his favour. The defence to the plaintiff's suit was that the sale - deed had not been executed as to operate as a sale - deed. It was executed as a sequel to another transaction of agreement to sale which the defendant entered into with the plaintiff regarding the sale of his land in Mouja Pipalgaon Pargana Kasrawad in plaintiff's favour for a consideration of Rs. 850/-. The plaintiff had paid Rs. 500/- towards this agreement of sale and the defendant executed the sale - deed in question for this amount of Rs. 500/- in respect of the other transaction so that he may not back out from it. The transaction of sale of house "was not intended by both the parties to operate as such. The sale - deed of the house was executed to ensure to the plaintiff that the defendant would complete the transaction of sale with regard to the land.

3. On the bas