R. M. LODHA, J. :- The Civil Judge, Senior Division, Latur has made the Civil Reference to this Court under section 13 of the Bombay Revenue Jurisdiction Act, 1876 (for short, 'the Act of 1876'). He has expressed his doubt whether he is precluded by the Act of 1876 from taking cognizance of the suit for perpetual injunction restraining the defendants from collecting or recovering the non-agricultural charges from the plaintiff for the years 1968 to 1989, as claimed by the defendants in their Notices dated 13th March, 1990 and 23rd March, 1990.

2. Gopinath filed the suit against the State of Maharashtra through the Collector, Dist. Latur and the Tahsildar, Latur in the Court of the Civil Judge, Senior Division, Latur, praying for perpetual injunction against the defendants from collecting or recovering non-agricultural charges for the years 1968 to 1989 from the plaintiff, as claimed in the Notices dated 13th March, 1990 and 23rd March, 1990 and restraining them from increasing or enhancing non-agricultural assessment charges for the year 1968 to 1989. In the plaint, the plaintiff averred that he was owner in possession of the suit plot bearing city survey No. 5442 sit