Manoj Misra, J. - (1.) Heard learned counsel for the petitioner.
(2.) The present petition has been filed challenging an order dated 29.10.2016 passed by the Court of Additional District Judge, Court No.7, Saharanpur in SCC Revision No. 38 of 2009 by which the judgment and decree passed by the Judge, Small Causes Court, Saharanpur dated 31.10.2009 in SCC Suit No. 50 of 2003 has been set aside and the matter has been remanded back to the trial court for deciding the suit afresh in the light of the observations made in the remand order.
(3.) A perusal of the record would go to show that SCC Suit No. 50 of 2003 was instituted by Shivji Maharaj @ Shriji Maharaj, Birajman Mandir, Andrun against the defendant-petitioner for arrears of rent and eviction by alleging that the suit property was property of deity on which U.P. Act No. 13 of 1972 was not applicable and that by a notice under Section 106 of the Transfer of Property Act, the tenancy of the petitioner had been terminated. The trial court framed various issues. Issue no.1 was whether there was landlord-tenant relationship between the plaintiff and the defendant. Issue no. 2 was whether U.P. Act No. 13 of 1972 was applicable or not. Issue no. 3 was whether the defendant had made material alterations in the tenanted accommodation. Issue no.4 was whether the defendant had been a defaulter in payment of rent and the Issue no. 5 was in respect of validity of the notice terminating tenancy.;