KOBAGI SAPPERS PRIVATE LIMITED Vs. SUDHIR KUMAR VARSHNEY

JUDGEMENT

(1.) This is a revision petition filed against an order dated 9.5.1997, passed by the Civil Judge, in Suit No.40/95/94, whereby the Civil Judge dismissed the petitioners application, moved under Section 15 of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971 read with Section 9 of CPC.

(2.) Learned counsel for the petitioner submits that the trial court grievously erred in rejecting the petitioner's submissions that Public Premises (Eviction of Unauthorized Occupant) Act, 1971 applied to the premises. Further, under Section 15 of the said Act, Civil Courts jurisdiction was ousted in respect of the premises where it is in occupation of an unauthorized occupant.

(3.) Learned counsel further submits that the trial court acted illegally in exercising its Jurisdiction by not framing any issue with regard to whether the premises were public premises to which Public Premises (Eviction of Unauthorized Occupant) Act, 1971 applied or not? The petitioner was denied an opportunity to prove the same by leading evidence. It was the petitioner's contention before the learned Civil Judge that the DSIDC was the owner of the premises and the petitioner had no power or authority from the DSIDC to collect any amount from him. Learned counsel for the petitioner also relied on Kimti Lal Rahi Vs. Union of India reported at 41 (1993) DLT 56, para 25 in particular, wherein the learned Single Judge of this Court took a prima facie view that the jurisdiction of the Civil Court was not barred in so far as it related to the question for determination of the prices of the sheds. Learned counsel wishes to draw support from this decision to argue that it is only in respect of such matters like the computation of prices that the jurisdiction of the Civil Courts would not be barred but would be barred in all other matters, by virtue of Section 4 of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971.