SMT. MURSILA Vs. ISLAMUDDIN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri Chetan Chatterjee for the respondent.

(2.) The present petition has been filed by the petitioners against the judgement and order dated 30.11.2016 passed by Additional District Judge, Court No. 4, Saharanpur in SCC Revision No. 3 of 2016 by which the judgement and decree passed by the trial court in SCC Suit No. 13 of 2005 has been set aside and the matter has been remanded back to be decided afresh in accordance with the observations made in the order.

(3.) A perusal of the record would go to show that the plaintiff respondent instituted SCC Suit No. 13 of 2005 for arrears of rent and eviction against the defendant petitioners by taking a plea that the provisions of U.P. Act No. 13 of 1972 was not applicable and that the defendants were defaulter in payment of rent and that by a consolidated notice, the tenancy of the defendants was terminated but despite termination of tenancy, the defendants did not vacate the premises, hence the suit was necessitated.