This appeal is directed against the judgment of the learned Assistant Judge. Panchmahals at Godhra setting aside the judgment and decree for eviction passed by the learned trial Judge and remanding the suit to him under Section 151. Civil Procedure Code, with a direction that he should raise issues and re-number them and send the same to the Mamlatdar for decision and in the meanwhile to stay the suit, under Section 85A of the Tenancy Act.

2. The facts giving rise to this appeal in a nut-shell are as under:-

3. The trustees of a religious public trust of Salam Jamadar's Mosque filed a suit against the present respondent Vaghri Sana Ratna to recover possession of the trust property which was in his possession as a tenant. The learned Civil Judge, Senior Division, Godhra passed a decree for eviction against the tenant. In an appeal preferred in the District Court, Panchmahals at Godhra, the learned Assistant Judge who heard the appeal was of the view that the question whether the present respondent was a tenant or not and whether the present appellants were entitled to possession of the suit land and mesne profits could only be decided by the Mamlatdar. In his view, provisio