N MOHAMMAD Vs. MANDAL PANCHAYAT KALGHATGI

JUDGEMENT

(1.) THIS civil revision under Section 115 of CPC has been filed from the judgment and order dated 23-10-1993 passed by the i additional civil judge, dharwad, dismissing the applicant's appeal and affirming the order dated 28-9-1993 passed by the munsiff and jmfc, kalghatgi, rejecting the revisionalist's application for temporary injunction under order 39, Rule 1 of CPC. The trial court had opined that the suit itself was not maintainable and that the suit premises being public premises and the Karnataka public premises (eviction of unauthorised occupants) Act, 1974, is applicable, so civil court has no jurisdiction to entertain it and rejected the application. The appellate court also considered Section 16 of the act and opined that revision petitioner-applicant has failed to make out a prima facie case for grant of injunction and so injunction cannot be granted. Feeling aggrieved from the order of the trial court and the first appellate court, the revisionist-plaintiff has come up before this court under Section 115 of the CPC.

(2.) I have heard Sri suresh p. Hudedagaddi, an Advocate of this court for the applicant and Sri s. p. kulkarni, learned counsel for the respondent.

(3.) LEARNED counsel for the petitioner submitted that there was atriable case by the court below in which question of lease and other matters have to be decided in course of trial by this court. That as there has been a case requiring determination of the issues involved and when it was triable and involved determination of issues, then as in the absence of grant of injunction, injustice and loss could have been caused to the applicant, the trial court should have granted the injunction. As a bare proposition of law, there can be no dispute about it. Prima facie case no doubt means if a case is required to be determined on the basis of evidence and if such suit cannot be thrown out on the ground of maintainability and there is likelihood of injury being caused to the applicant, then temporary injunction has to be granted. Section 16 of the Karnataka public premises (eviction of unauthorised occupants) Act, 1974 bars jurisdiction of civil court. It reads as under: