Anshuman Singh, J. - (1.) The petitioner has come to this Court against an interlocutory order dated 15-5-1987 passed by the Prescribed Authority/Munsif, Deoria, by which he has fixed July 24, 1987 for evidence of the parties, Counsel for the petitioner contended that the petitioner, who is a tenant, had denied the title of the landlord respondents and the court in fact has found that the respondents are not landlords of the house in dispute even then he has directed the parties to adduce evidence. The case has not been finally disposed of. The court in directing the parties to adduce the evidence has not committed any error and it cannot be restrained from recording the evidence of the parties before the case is finally disposed of. However, it will be open to the petitioner to raise this objection before the Prescribed Authority that since he has already reached to the conclusion that the respondents are not the landlords of the premises in dispute, the recording of further evidence would be futile and the case should be decided on the basis of the evidence on record.
(2.) With the aforesaid observations the writ petition is disposed of.
(3.) Let a copy of this order be supplied to the learned Counsel for the petitioner within forty-eight house on payment of usual charges. Petition dismissed.;