KOMAL CHAND JAIN Vs. MADAN LAL GUPTA

JUDGEMENT

(1.) BY this common judgment, Second Appeals No.557/2005 and 215/2006, which are arising out of one common suit filed by the plaintiff Madan Lal Gupta, are decided. Second Appeal No.557 of 2005

(2.) THE instant second appeal has been preferred by the defendant Komalchand Jain against whom both the Courts below have decreed the plaintiff's suit for declaration, mandatory injunction and possession.

(3.) IT was further pleaded that when the plaintiff started raising construction over his part of the land, the defendant created obstruction and interference on which the plaintiff lodged a report with the police in April, 1976. The defendant moved an application under Section 145 of the Cr.P.C. and an ex parte order of attachment was issued in his favour on 27-5-1976 in Criminal Case No.91/1976 in the Court of Sub-Divisional Magistrate, Bilaspur. The property, thus, remained in custodia legis. It was also stated in the plaint that by his order dated 26-9-1978, the Magistrate directed the parties to approach the Civil Court and till an order is passed by the Civil Court, the property shall remain under attachment. According to the plaintiff, the defendant made interpolation in his sale-deed dated 27-4-1974 for which F.I.R. on Crime No.107/1976 under Sections 420 and 465 of the Indian Penal Code was registered against the defendant (It was informed during argument that the criminal case eventually came to an end after death of original defendant / accused Hukumchand Jain). The plaintiff prayed for the following reliefs in the plaint: