UNION OF INDIA Vs. MAJ MOHINDER SINGH SARKARIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the First Appellate Court which on appeal set aside the judgment of the trial judge and remanded the case to the latter under Order 21. Rule 23-A C P. C.

(2.) THE facts as gathered from the pleadings of the parties and the earlier writ petition filed by respondent No. 1 are that the disputed promises were purchased by the Ministry of Defence from the Rehabilitation Department in the year 1969. The respondent's request for transfer of the property to him was rejected by the Settlement Commissioner. He was allowed to occupy the premises by the Station Superintendent Thereafter, he started paying rent to the District Rent and Managing Officer, Rehabilitation Department at the rate of Rs 113/- per month and acquired the status of a tenant under the Rehabilitation Department. The Military Estate Officer through a notice dated, March 18,1968 called upon the respondent to vacate the premises. He filed reply to the notice on April 1,1969. After considering the reply, the Military Estate Officer issued a show cause notice under sub Section 1 of Section 4 of the Public Premises (Eviction of unauthorised Occupants) Act, 1958 (for short the Act) on May 13,1969. Reply to this notice was filed. Thereafter, the Military Estate Officer passed an order of eviction under Section 5 (1) of the Act on September 12,1965. The respondent unsuccessfully challenged the order before the Appellate Authority under the Act. The appeal was dismissed on November 6,1974. The order of the Appellate Authority under the Act was challenged in Civil Writ petition No. 62 1 of 1974. The same was dismissed on October ), 1982 The order of the Military Estate Officer and of the Appellate Authority under the Act was upheld. ' After the dismissal of the writ petition respondent No. 1 filed a civil suit on October 29,1983 challenging the notice dated July 4,1983 under Sub-Section 3 of Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 issued by the Estate Officer, Jalandhar. The trial judge treated the following issues as preliminary issues :

(3.) RESPONDENT No. 1 assailed the judgment in appeal The First Appellate Court held that the Civil Court had to decide whether the premises in question were a public premises or an evacuee property and after deciding this question the trial court bad to arrive at a conclusion whether the civil court's jurisdiction was barred.