The U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 ousts the jurisdiction of the Civil Court to entertain any suit or proceeding in respect of the eviction of any person who is in unauthorised occupation of any public premises.

T.S. Misra, J.

1. This revision arises in the following circumstances. A suit was filed by the Union of India and the State of U. P. against the applicant for restoring the land to its original state and delivering possession of it to them. The plaintiffs alleged that Luckow-Kanpur-Jhansi-Sheopuri national highway passed through village Netwa, pergana Sikanderpur, district Unnao which is a metalled road. The land in dispute was claimed as Government land. The defendant wrongfully encroached on the unmetalled portion of the said national highway delineated in the site plan attached to the plaint and made certain constructions thereon, thereby causing obstruction and creating public nuisance. A notice for removal of the unauthorised constructions was given to the defendant who failed to comply with the same, hence the suit. During pendency of the suit the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 came into force on 2-5-1972. The plaintiffs then made an application under Section 20 of the said Act praying that the suit be transferred to the Prescribed Authority appointed under the Act for being decided according to the provisions of the Act. The application was contested on the ground that the suit was within the competence of the Civil Court and could not, therefore, be transferred to any other authority.

2. The learned Munsif rejected the application for transfer of the case to the Prescribed Authority, but on appeal the said order was set aside by the learned District Judge who observed that the suit shall stand transferred to the Prescribed Authority appointed under the Act. This revision is directed against the said order of the learned District Judge. For the applicant it was submitted that a Civil Court has jurisdiction to decide all suits of civil nature unless its jurisdiction is specifically barred by some statute and it is for the party claiming ouster of the jurisdiction of Civil Court to establish that the suit was not cognizable by the Civil Court. In support of his contention the learned counsel placed reliance on Abdul Waheed Khan v. Bhawani, AIR 1966 S.C. 1718.

3. To appreciate the argument it would be appropriate to refer to the provisions of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 which deals with the question of jurisdiction of the Civil Court. Section 15 of the Act reads :

"No court shall have jurisdiction to entertain any suit or proceeding In respect of the eviction of any person who is in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the State Government or the corporate authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs."

Sub-section (2) of Section 20 of the Act deals with suits pending in the Civil Court and it reads as follows:-

"(2) Notwithstanding any judgment, decree or order of any court or authority, and notwithstanding anything contained in Section 15 or Section 19 any suit or other proceeding for any of the reliefs mentioned in Section 15 instituted in any Court or initiated or purported to be initiated by any authority under a repealed enactment before the commencement of this Act, and pending at the commencement of the Uttar Pradesh Public Land and Premises Laws (Amendment and Validation) Act, 1970 (hereafter in this section referred to as the 1970 Act), either in the court of first instance or in any court of appeal or revision or before such authority, shall stand transferred to the Prescribed Authority, and the Prescribed Authority shall thereupon dispose of the same as proceeding under the relevant provision of this Act, and in any proceeding:- (a) the Prescribed Authority may proceed further from the stage from which the suit or proceeding is transferred, and may for that purpose treat any summons or notice issued, wri