GUJARAT ELECTRICITY BOARD Vs. MOHANBHAI MERUBHAI PARMAR

JUDGEMENT

(1.) The present revision application is filed against the order dated 16-12-1991 passed by the learned 2nd Jt. Dist. Judge, Surat in Misc. Civil Appeal No. 71 of 1991 which was filed by the original plaintiffs against the order passed below application (Ex. 5) in Small Cause Suit No. 490 of 1990 of the Court of Small Causes at Surat. By the order passed by the 2nd Joint District Judge, Surat in Misc. Civil Appeal No. 71 of 1991 reversing the order passed below application Ex. 5 in Small Cause Suit No. 490 of 1990 by the Small Cause Court, Surat. the said order the learned Addl. Small Causes Judge at Surat held that the plaintiffs are being evicted under the provisions of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 and, therefore, it is legal action and legal action is not capable of causing any injury or loss to any party. On behalf of the defendants relevant documentary evidence is produced wherein it is found that the eviction proceedings have been taken and completed under the provisions of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 and hence under the provisions of Sec. 16 of the said Act there is a bar of jurisdiction and, therefore, the present application as well as the suit cannot he entertained. In result, the application with show cause notice stood vacated and dismissed.

(2.) In the appeal against the said order the learned 2nd Jt. Dist. Judge, Surat raised the following point for determination :

(3.) The learned Dist. Judge held that the learned trial Judge has erred in holding that there is a bar of jurisdiction under Sec. 16 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 and further held that the learned trial Judge has erred in holding that this case will be governed under the provisions of the said Act which is subsequently enacted and special legislation. The learned Dist. Judge ultimately allowed the appeal and set side the order passed by the learned trial Judge below application (Ex. 5) and issued temporary injunction in favour of the original plaintiff till the disposal of the suit. Against the said order the present revision application is filed.