CHETAN SARUP Vs. TRIBENI DEVI

JUDGEMENT

(1.) This revision petition has come up in consequence of a recommendation made under section 438 of the Criminal Procedure Code (hereinafter called "the code) by an Additional Sessions Judge, Delhi that the order dated the 6th May, 1972 passed by Mr. K.M. Sawhney, Sub Divisional Magistrate, Punjabi Bagh be set aside. By that order the learned Sub Divisional Magistrate had rejected the objections preferred by the present petitioner.

(2.) In order to appreciate the circumstances leading to the recommending order, it may be noticed that on account of the reports and counter-reports by the parties to the police, proceedings under section 145 of the Criminal Procedure Cod; were initiated in order to prevent a breach of peace. The dispute related to immovable property consisting of land measuring 61 bighas 8 biswas situated in village Dhichaon Kalan and 14 bighas 1 biswa situated in village Haibetpur. The dispute also related to two houses situated in village Dhichaon Kalan.

(3.) One Lala Ram bad a daughter and a son. The name of the so a was Het Ram, who. was married to Smt. Baldeyi. Smt. Triveni Devi was bom out of that wedlock. She gave birth to the present petitioner and after demise of his son Het Ram, Lala Ram adopted Chetan Sarup as bis son? The immovable property the possession whereof occasioned an apprehension of breach of peace between the parties-was left by deceased Lala Ram.