JETHANAND Vs. NAGAR PALIKA, MANDSAUR

JUDGEMENT

(1.) THIS appeal filed by the unsuccessful defendant tenant, is directed against the judgment and decree dated 3.3.1979 passed by the 1st Addl. District Judge, Mandsaur, in Civil First appeal No. 31 -A of 1976, confirming the judgment and decree of ejectment and other reliefs passed by the trial Court.

(2.) THE short facts giving rise to this appeal, which are no longer in dispute are as follows : -

(3.) IN this appeal the appellant has mainly challenged the jurisdiction of the Civil Court to try the suit on the ground that the suit instituted by the respondent was barred by provisions of sections 2 and 15 of the M.P. Lok Parisar (Bedakhali), Adhiniyam 1974 (Act No. 46 of 1974) which received the assent of the President on 10th November, 1974, and was published in M.P. Gazette dated 26th November, 1974. Sub -section (3) of section 1 of the Act provides that it shall be deemed to have come into force (i) in Mahakooshal region on the 12th September 1952; and (ii) in other regions of the State on the 1st January 1959, except sections 11, 19 and 20, which shall come into force atonce. The original Text of this Act, as passed by the State Legislature is in Hindi, of which as per Article 348(3) of the Constitution of India a translation of the same in the English language was also published under the authority of the Governor in the Madhya Pradesh Official Gazette.