MODI, J.

( 1 ) THIS is a reference by the Munsiff Jodhpur City under Section 113 of the Code of civil Procedure, and raises the question of the validity of Section 220 of the jodhpur Municipal Act, 1943. Section 220 runs as follows :

"no suit shall be instituted against the Board or against any member, officer or servant thereof in respect of any act purporting to be done in its or his official capacity, without the sanction of the Government. "

( 2 ) THE facts leading up to this reference may be stated very shortly. The petitioner prahlad carries on trade in Ghee and grains in Udaimandir in the city of Jodhpur. It is alleged that he obtained on rent certain land, measuring 10 feet by 10 feet lying in front of the shop at which he carries on his business, originally from the development department a few years ago, and has been paying a rent of Rs. 3/per mensem to the Jodhpur Municipality for the same and that the municipality had started interfering with his possession on the 29th June, 1955, in an improper manner. Consequently, the plaintiff instituted the suit on 4th July, 1955, in which he prayed for an injunction restraining the defendant municipality from interfering w