KISHORE KUMAR Vs. STATE

JUDGEMENT

(1.) This order will dispose of two petitions Cr. M. (M) 100/82 and 461/82.

(2.) Kasturi lal Lamba and Tirath Dass, deceased, who were doing sorne business collectively in Karachi came to Delhi after partition. They were allotted an evacuee property Nos. 1467, 1546, 1579 and 1585, situated on Church Road, Kashmere Gate, Delhi. They started the Mewa Biscuit Cooperative Industrial Society Ltd. therein. Some portion of property No. 1546 the Society rented out to Laxmi Commercial Bank, and the remaining portion was rented out to Hindustan Times limited for use as a godown. Upon proceedings instituted by one Mst. Sultan Bi, the said property was released to her on 7-12-1960. She entered, into an agreement on 16-10-1967 with Tirath Dass and Kasturi lal Lamba agreeing to sell lhe said lot of properties to them for one lakh of rupees. The money was paid by their partnership firm Mewa Hotel, Ghandni Chowk, another venture started by them on 13-7-1960. One sale deed was executed in the name of Kasturi lal Lamba in respect of the property in dispute No. 1546, while the other three plots were sold in lhe name of the deceased Tirath Dass in the year 1968. The Mewa Hotel partnership appears to have been dissolved on 16-11-1970. On 20-12-1971 Tirath Dass died. On 31-12-1971, the Society was dissolved and it was resolved that property No. 1546 be handed over to Kasturilal Lamba and the other plots to the heirs of Tirath Dass. The tenants Laxmi Commercial Bank and the Hindustan Times were told that in future they should pay the rent to Kasturilal Lamba. The Society ceased to function from 7-1-1972. The Hindustan Times appeared to have vacated the premises on 1-9-1972. In June, 1977, he discovered that the portion of his property vacated by the Hindustan Times had come to be occupied by the Prakash Roadlines P. Ltd. In reply to his notice of 26-6-1977, the Roadiines replied that they were put in possession since 29-1-1977 by Savitri Devi, Shanta Devi and Narinder Kumar. On 27-4-1978 Lamba filed a suit No. 547/78 in this court against the Roadlines and the widow Savitri Devi and children of the deceased Tirath Dass; Shanti Devi, Narinder Kurnar and Kishore Kumar. In the written statement Savitri Devi pleaded inter alia that an agreement was executed on 27-12-1972 between Kasturilal Lamba and her that he had a right to enjoy half of the income derived from the properties and under the agreement she had the right to let it out, and did lease the premises to Prakash Roadlines P. Ltd. Issues in the said suit were framed on 22-11-1978, one of which pertained to this agreement. The original agreement is written on two-rupee stamp paper and runs into three pages stamped by the Notary Public. On the first page of this agreement, there is an endorsement of 15-10-1979 by Lamba's counsel "admitted subject to objection". The second page bears an endorsement of the same date, "denied", signed by Lamba himself. The third and the last page contains an endorsement by the counsel without any date which reads "Signature admitted subject to the objection in the replication. The document is inadmissible for want of stamp registration, etc". This manner of admission and/or denial is unusual and the idea seems to be to suggest that the second page which shows that the property was in joint enjoyment hag been replaced and to which his advocate did not append his signatures and that certainly is a matter of detailed examination possibly only in the civil suit.

(3.) On 27-10-1980 Lamba wrote a letter to the Home Minister that when the Hindustan Times vacated the premises, he put up a board on the premises that the property belongs to him and that he was going to raise construction thereupon, but he got an attack of paralysis and was confined to bed. During his illness, he was informed that Savitri Devi who is the owner of the adjoining property in collusion with her sons opened the locks, removed the board and occupied the premises. The matter was reported to the Kashmere Gate Police Station, but no action was taken by the police so far. After some time he came to know that Prakash Roadlines managed by H.S. Manchanda occupied the premises. This letter was forwarded by the Personal Secretary of the Minister to DCP, A.K. Singh. It it in its turn came for necessary action to the S.H.O. Kashmere Gate. An FIR was registered on 20-11-1980 under Section 448 Gr.P.G. But after investigation the police put up a challan on 15-3-1981 that the present petitioners committed trespass on 9-6-1975 punishable under Sections 454, 455 and 120-B Indian Penal Code .