MISRI LAL Vs. TOTA RAM

JUDGEMENT

(1.) This petition u/s. 482 of the Cr. P.C. is directed against proceedings on a complaint based on allegations of fraud, forgery and use of forged documents as genuine and the order of the trial court framing charge against the petitioner, among others.

(2.) The petition has been filed in the following circumstances. Property No. 2986- 87, in Gali No. 39, Beadonpura, Karol Bagh, at one time belonged to one Ladu Ram. By a deed of mortgage of 7.1.1948, which was duly registered (Ex. Public Witness 6/1), Ladu Ram, mortgaged the said property, without possession, in favour of one Lalu Ram. Ladu Ram died on 8.7.1973 and until then, the mortgage had neither been redeemed nor redemption was foreclosed. It was until then not subject-matter of any proceedings either. By a legal notice of 11.4.1974, heirs of Ladu Ram, namely, his wife his son Tota Ram and his daughters, sought redemption of the property and, inter alia, claimed delivery of possession of it contending that it was a mortgage with possession and that the possession of the property had been delivered to Lalu Ram, the mortgage. In reply to this, Counsel for Lalu Ram, claimed by his notice of May 12, 1974, Ex. Public Witness . 7/4, that

(3.) The proceedings for mutation before DDA were initiated by an application, marked 'A' made by Ganga Ram, deceased, on 22.10. 1973, and is addressed to the Tehsildar. Mutation was sought on the basis of the aforesaid Will by Ganga Ram in his favour and in favour of Misri Lal. The original Will is said to have been produced before the Tehsildar and the depositions of certain persons, purporting to be wife, daughter and son of late Ladu Ram, had been recorded but neither the original Will nor those depositions form part of the original records of the D.D.A. which were produced in the court below. The order sheet of the Tehsildar, however, shows that the statements of certain persons claiming to be Smt. Nandi, Premi and Tota Ram, heirs of Ladu Ram, were recorded on 3.11.1973. The records of the D.D.A. inter alia, consist of the application of Ganga Ram, marked-A, a copy of the Will, marked-B and a statement of Jawaharlal, one of the attesting witnesses to the Will, who was identified by Puran Chand, marked- D. The records also include death certificate of Ladu Ram issued by Gram Panch, which is marked-G. There is no indication in the original record that Misri Lal ever appeared in the course of the proceedings.