RAMESH CHANDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeals have been filed against the judgment dtd. 3/2/2021 passed by the High Court of Judicature at Allahabad dismissing the criminal miscellaneous application filed at the instance of the present appellants.

(3.) The dispute relates to House No.189, Mohalla Madia, Kanpur Road, Jhansi, which as per the complainant, was purchased in the name of Shravan Kumar Gupta, who was minor at that time, by means of a registered sale deed dtd. 4/5/1977 and through the ostensible owner, the de-facto complainant purchased the property by registered sale deed dtd. 22/12/2018, but prior thereto, a family settlement took place in the family comprising of Ram Kumari, widow of Raja Ram Gupta and her four sons, namely, Ramesh Chandra Gupta, Ashok Kumar, Shravan Kumar and Vinod Kumar and a Memorandum of Understanding(MOU) was executed between the parties on 19/8/2006 and in terms of the aforesaid MOU, the house came in the share of Vinod Kumar Gupta and while the Original Suit No.91 of 2015 filed at the instance of Vinod Kumar Gupta was pending adjudication, the ostensible owner Shravan Kumar Gupta executed a registered sale deed dtd. 22/12/2018 in favour of the de-facto complainant and according to the informant/second respondent, who is the vendee of the aforementioned registered sale deed, possession by title in favour of Shravan Kumar Gupta over the house in dispute came to be transferred in his favour and possession of the same was also handed over to him(de-facto complainant).