ANJAR MUNICIPALITY Vs. RUPAREL DHARAMSHI NARANJI

JUDGEMENT

(1.) By the impugned order passed by the learned Civil Judge (J. D.) Anjar (Kutch) the application of the petitioner-defendant was rejected. The petitioner defendant had filed an application EX. 24 stating that the Civil Court has no jurisdiction to try the suit in question. The petitioner Municipality stated in its application Ex. 24 that the opp onent-plaintiff had filed a suit on an allegation that the suit lands and the structures standing thereon belonged to him and had filed a suit for damages. The petitioner Municipality denied that the suit land belonged to the opponent plaintiff. It is also stated in Ex. 24 that the dispute between the parties is in respect of the ownership rights in regard to the suit land and the trial Court had raised issue No. 1 in regard to the same. It is further stated in Ex. 24 that if there is any dispute between any person and the Municipality in regard to the ownership right of the land situated within the Municipal limits then the Civil Court has no jurisdiction to decide the suit till the competent officer first decides the issue in question. Under the circumstances in Ex. 24 the petitioner Municipality prayed that the plaint filed by the opponent plaintiff should be rejected by the Trial Court under Order 7 Rule 11 of the Civil Procedure Code 1908 The application was resisted by the opponent plaintiff and the learned trial Judge took the view that the jurisdiction of the Civil Court is not ousted under the circumstances of the case.

(2.) It is under these circumstances that the petitioner Municipality was aggrieved by the impugned order and has filed the present revision application in this Court.

(3.) Y. S. Mankad learned Advocate appearing on behalf of the petitioner Municipality invited my attention to sec. 81 of the Gujarat Municipalities Act 1963 which is in the following words;