STATE OF RAJASTHAN Vs. VIMLESH HARSH

JUDGEMENT

(1.) These four Revisions are being decided together because they involve the same question of law.

(2.) There is a property named as Jaswant Sarai situated at Jodhpur. That belongs to Devasthan Department as per Gazette Notification dated 25.6.1951. The respondents were occupying some portions in the Jaswant Sarai as tenants. When Devasthan Department wanted them to get their tenencies regularised as the earlier tenants who were the fore-fathers of the respondents had expired, they approached the civil Court or permanent injunction. They also submitted applications for temporary injunction but the trial Court dismissed the same. On appeal before the learned Additional District Judge No. 2, Jodhpur they were successful and temporary injunctions were granted in their favour. The State of Rajasthan has then come in Revisions.

(3.) Learned Counsel for the petitioner submitted that the suits have been filed before the civil Courts without jurisdiction as Section 10-A of the Rajasthan Premises (Eviction of Unauthorised Occupants) Act, 1964 (in short 'the Act of 1964') bars the jurisdiction of the civil Court. He submitted that the respondents should not have filed suit before the Civil Court. He also drew my attention to a circular issued by the Rajasthan High Court to all Judicial Officers some time in the year 1993 by which the judicial officers were asked to see provisions of Section 10 and 10-A of the Act of 1964 and were directed that in future they will not entertain such type of cases in which Public Premises are in disputes.