( 1 ) THIS is a defendants appeal against the order dated 10-7-1951 of the District Judge of Meerut setting aside the decree of the trial court and remanding the case to it for disposal according to law.

( 2 ) THE circumstances which gave rise to the case out of which this appeal has arisen may be stated as follows : The plaintiff Lala Debi Saran, along with another person, obtained on lease on a monthly rent of Rs. 25/- a piece of land on 29-12-1937 and thereafter constructed some shops on it. The lease was for a fixed term of 5 years. Before the expiry of the period of the lease defendants 2-4 granted a theka to defendant 1, Lala murari Lal, on 11-4-1942 in respect of some property including the property which had been given on lease to Debi Saran. After the expiry of the term of the lease in favour of Debi Saran, lala Murari Lal filed a suit, No. 385 of 1943, against Debi Saran for his ejectment from the land in dispute. This suit was decreed on 13-3-1944. Debi Saran was given a right under the decree to remove the materials of the constructions which had been built by him on the disputed land. Debi Saran filed an appeal against this decision before the District Judg