JUDGMENT 1. - This is a defendant-tenant's appeal preferred from the appellate judgement and decree of Additional Civil Judge No.1, Kota. The plaintiff came forward with a case that the defendant was a tenant of his predecessor-in-title Smt. Kastoori Bai, who had sold the house in question to him and that the house was required for his reasonable and bonafide personal necessity. The defendant opposed the plaintiff's case on the ground that he was not a tenant of Smt. Kastoori Bai or anybody else but was in occupation of the house in his own right as the same had been agreed to be sold to him Rs. 2,200/- by Shri P.C. Goel. 2. After recording the evidence produced by the parties, the trial court held that the plaintiff had succeeded in proving the relationship of landlord and tenant between him and the defendant and further that the house was required reasonably and bonafide for his personal use by the plaintiff. Consequently, the trial court decreed the plaintiff's suit. 3. Aggrieved by the judgement and decree by the trial court, the defendant filed appeal and the learned Additional Civil Judge has held in the first instance, that the defendant had failed to prove that he had become the owner of the house. After having come to this conclusion, he observed in passing that since the defendant had not proved himself to be the owner of the house, it appears, that he was a tenant. The learned Additional Civil Judge did not say word as to how the plaintiff had succeeded in proving that the defendant was a tenant of this predecessor-in-title Smt. Kastoori Bai. He has not even observed that he concurred with the finding of the trial court in this respect for this, that or other reason. The judgment of the learned Additional Civil Judge does not take notice of the main case and is far from satisfactory. 4. In the circumstances, I have no alternative but to set aside the judgement and decree by the learned Additional Civil Judge No.1, Kota and remand the case to the first appellate court with the direction that it shall properly deal with the evidence led by the parties with special reference to the question whether the plaintiff had succeeded in proving that the defendant was his tenant. 5. Let the record of the case be immediately sent to the first appellate court. 5. Let the record of the case be immediately sent to the first appellate court. The appeal shall be disposed of expeditiously. 6. In the circumstances of the case, I make no order as to costs. *******