In the present case, the Supreme Court found that the Act that had barred the civil court’s jurisdiction, had come into force only in 1976, after a trial court had passed its 1975 decree allowing a civil suit for eviction.
Hence, the trial court decree and the subsequent High Court orders affirming the decree were upheld by the Supreme Court.
“It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court,” the top Court reasoned.
Source: Barandbench
