SHAFIQ U REHMAN Vs. MOHAMMAD ZAMIL

JUDGEMENT

(1.) This order will dispose of Criminal Revision No. 31 of 1981 and Criminal Misc. (Main) No. 91 of 1981.

(2.) There is a tussle between two groups (party No. I and party No. 2) belonging to the same community, over the management of the Society known as Sarai Khalil Welfare Society and possession of seven shops attached to the Mosque described at Makki Jama Masjid, Inderlok. The first party is headed by Bhaiya Abdul Salam. The second party comprises of 6 persons and is headed by Sabiqur Rehman. The third party, that is, Mohd. Iqbal and 5 others claim to be the tenants of the 7 shops. (The 7th alleged tenant is Bhaiya Abdul Salam).

(3.) In 1977, the Delhi Development Authority allotted a plot of land in Inderlok to Sarai Khalil Welfare Society for construction of a Mosque. The construction of the Mosque and the shop was completed in October, 1980. Party No. 2 who claim themselves to be the members of the managing committee of the society alleged that applications for allotments of the shops were invited and in November a decision was taken to allot the shops to some persons including Bhaiya Abdul Salam, but Bhaiya Abdul Salam who was supervising the construction of the Mosque and the shops taking advantage of the said position illegally and forcibly occupied the shops through the third party. The matter was reported to the police and the police apprehending breach of peace made a report to the Sub-Divisional Magistrate for taking action under section 145 of the Code of Criminal Procedure.