STATE Vs. BADRI LAL

JUDGEMENT

(1.) THE matter comes up for consideration of stay application. However, with the consent of the parties, the matter has been finally heard. The record of she courts below was summoned but the record of the Appellate Court has only been received while that of trial court has not been received. In my view for the disposal of the revision the record of the trial court need not be awaited.

(2.) BY the impugned order the learned lower Appellate Court has set aside, the order of the learned trial court dismissing the plaintiffs application for injunction and has granted interim injunction to the effect that pending disposal of the suit, the defendants No. 1 to 3 shall not forcibly dispossess the plaintiff and shall maintain status quo of the suit property.

(3.) THE main contention raised on behalf of the petitioner before me is that in view of the provisions of Section 10 and Section 10A of the Rajasthan Public Premises (Eviction of Unauthorised Occupations) Act, 1964 (hereinafter referred to as the Act) the jurisdiction of the Civil Court is barred, and therefore, the learned court below has no jurisdiction to grant any injunction.