BHAGWAN DEVI Vs. AMIR CHAND

JUDGEMENT

(1.) By this petition the petitioner challenged the order of the Additional Sessions Judge dated 16.1.1995 whereby the learned Additional Sessions Judge has, after due consideration, upheld the proceedings of the S.D.M. dated 27.7.1989 under Section 145 of the Code of Criminal Procedure (for short 'the Code') initiated at the behest of Amir Chand.

(2.) Brief facts of the case are that Amir Chand had purchased property - plot No. 27/34, Gali No. 9, Viswas Nagar on 10.12.1959 from the Managing Officer of Acquired Evacuee Property in an auction. This plot was trespassed upon by Hazari Lal and Prakash Chand. Amir Chand filed a suit for possession against Hazari Lal and Prakash Chand in the year 1971 which was contested by both the persons. The suit was decreed in favour of Amir Chand on 27.11.1975. Hazari Lal and Prakash Chand filed an appeal before the Additional District & Sessions Judge, Delhi, which was dismissed.

(3.) On 16.2.1976 proceedings for Execution of the decree were initiated by the decree-holder against Prakash Chand, Suraj and Sohan Lal upon which possession of the plot No. 27/34, Gali No. 9 Viswas Nagar was handed over to the decree-holder, Amir Chand, on 27.5.1991 by the Bailif with the aid of police. After two days of handing over of the possession, locks were broken open and the property was again tresspassed by Hazari Lal and Prakash Chand. It then gave rise to proceedings under Section 145 of the Code in which the SDM upheld the ownership/possession of Amir Chand over Plot No. 27/34, Gali No. 9 Viswas Nagar and possession handed over. Bhagwan Devi made an application for being impleaded as party during the pendency of the proceedings . She stated that she was the actual owner of the property in question by way of adverse possession and her title and become absolute by lapse of time and the respondents, Hazari Lal and Prakash Chand, were, in fact, her tenants. She pleaded that in a rent suit she had got possession of the premises from Hazari Lal and Prakash Chand and, therefore, further pleaded that the order passed by the SDM 1 based on the judgment obtained by Amir Chand from the Civil Court was bad. The learned Magistrate, upon a kalandra being filed, proceeded under Section 145(1) of the Code and passed an order dated 18.8.1981 and attached the premises by an order dated 26.8.1981 and directed possession to be handed over to Amir Chand.