JUDGMENT :

Yogendra Kumar Srivastava, J.

Heard Sri Sharad Kumar Pandey, learned counsel for the revisionists and Sri Chetan Chatterjee, learned counsel for the respondent.

2. The present revision has been filed against the order dated 23.04.2019 passed by the Judge Small Causes Court/A.D.J. Court No.6, Saharanpur in S.C.C. Suit No.5 of 2018, whereby the application (Application No. 37-Ga) filed under Section 23 of the Provincial Small Causes Courts Act, 1887 (hereinafter referred to as 'the Act') has been rejected.

3. The sole contention raised on behalf of the revisionists is that in an affidavit filed in an earlier S.C.C. Suit No. 65 of 2013 it had been stated by the plaintiff that in terms of the registered waqf deed dated 01.09.1995 and the supplementary deed dated 26.03.1996 the shops bearing Nagar Palika Nos. 5/174 to 5/176 were not part of the waqf property.

4. Per contra, learned counsel for the respondent submits that pursuant to the rectification deed dated 12.08.2005 the shop in question was included as part of the waqf property, and this fact has been duly noticed by the trial court. Moreover, the landlord tenant relationship having been duly admitted, the trial court has ri