- (1.) This petition by the landlord seeks to challenge the judgment and order dated 29.05.1989, passed by VIth dditional District Judge, Lucknow whereby revision preferred under Section 25 of Small Cause Courts Act, against the order of learned trial court dated 15.12.1986 decreeing the suit for ejectment and arrears of rent has been allowed and the matter has been remanded to the learned trial court for redetermining 'the first date of hearing'.
(2.) Though ordinarily an order of remand need not be interfered with, however facts and circumstances of this case are such that the Court is persuaded to consider the plea raised by learned counsel for the petitioner against the impugned order of remand.
(3.) The facts of the case which are necessary for proper adjudication of the issue involved herein are that a suit by one Laxmi Devi, who is the mother-in-law of the petitioner was filed against late Panna Lal Agarwal, who is represented by his heirs in the present petition, in the court of Judge, Small Causes for a relief of decree of ejectment in respect of tenanted portion of house No.143/49, Bagh Gunge Nawab, Aminabad, Lucknow and for recovery of an amount of Rs.2966.70 together with pendente lite and damages at the rate of Rs.82.41 per month.;