JAI RAJ Vs. STATE

JUDGEMENT

(1.) The present petition under Section 397 and 482 of the Code of Criminal Procedure is directed against an order dated July 17, 1980 of Shri S.G.Jain, Additional Sessions Judge, Delhi.

(2.) Jai Raj petitioner brought a suit for recovery of possession of house on field No. 70/1, of Village Mangolpur Kalan, Delhi before the Circle Panchayat (Adalat) situated at Poothkalan in the Union Territory of Delhi. Before that PaiKhayat Chand Ram produced a will purporting to be from Sint. Phool Kaur, who is mother of Jai Raj petitioner and maternal grand mother of Chand Ram to the effect that she had bequeathed the aforesaid property to Chand Ram respondent No. 2. That Panchayat held the will to be forged one. It further held that the petitioner was entitled to the possession of the propcrty and accordingly passed a decree for recovery of possession in favour of the petitioner and against respondent No. 2.

(3.) Feeling aggrieved respondent No. 2 filed an appeal against the judgment and decree aforesaid dated November 16, 1978, of the Circle Panchayat in the court of Senior Sub-Judge, Delhi. Vide judgment dated August 6, 1979 Senior Sub-Judge held that Panchayat had no jurisdiction to entertain any suit regarding title of immovable property and that too in inspect of any property valuing more than Rs. 200.00 . Accordingly judgment and decree passed by Panchayat was set aside.