LAWS(SC)-2024-1-67

SHATRUGHNA ATMARAM PATIL Vs. VINOD DODHU CHAUDHARY

Decided On January 30, 2024
Shatrughna Atmaram Patil Appellant
V/S
Vinod Dodhu Chaudhary Respondents

JUDGEMENT

(1.) The premises in question were in the possession of three tenants. However, for the present, we are concerned with only two tenants, namely Vijaykumar Vishwanath Dhawale and Vinod Dodhu Chaudhary. As the third tenant had not filed any complaint and only the above two named complainants have filed the complaint, that is why the third tenant is not a party to the proceedings.

(2.) The premises in dispute were owned by one Rajeev Ramrao Chavan. He sold the property to five persons, namely Sanjay Nathmal Jain, Sunil Mishrilal Jain, Manoj Mishrilal Jain, Ghanshyam Bansilal Agrawal and Prasannachand Sobhagmal Parakh, vide registered sale deed dtd. 27/10/2021. Unfortunately, Rajeev Ramrao Chavan, the vendor of the sale deed dtd. 27/10/2021, died allegedly having committed suicide on 8/3/2022 and having left behind a suicide note, naming the tenants as abettors. On the strength of the same, a complaint was made to the local police. However, an accidental death was registered, but no FIR(First Information Report) was registered under Sec. 306 of the Indian Penal Code, 1860('IPC').

(3.) Soon thereafter, i.e., on 9/3/2022, the tenants were called to the concerned Police Station. They were held for about 24 hours, and in the meantime, the premises in question were demolished by the brother of the deceased-vendor, his widow, and with the support of the local police. At the Police Station, the tenants were also forced to sign some documents, apparently giving their consent of vacating the premises voluntarily.