JEETU SINGH Vs. BHANNAMAL GULZARIMAL PVT LTD

JUDGEMENT

(1.) Brief background of the present case is that one Thakur Mal Singh was employed with the respondent Bhannamal Gulzarimal Pvt. Ltd. (in short 'the Company') as caretaker for property bearing No.10195/1, Jhandewalan, Delhi (in short 'the property') and in the course of employment he also resided in a portion therein. In the year 1986 one Nathu Ram trespassed in the property, thus Thakur Mal Singh got registered FIR No.579/1986 under Sections 448 IPC at PS Paharganj, Delhi. During the course of trial Thakur Mal Singh was examined as PW-1 and his son Kanwar Bajrang Singh as PW-2. Kanwar Bajrang Singh in his deposition before the learned Metropolitan Magistrate admitted that the property belonged to the Company of which his father PW-1 was an employee, his father was residing at the said property and looking after the same as a custodian.

(2.) Vide the judgment dated 7th November, 1998 Nathu Ram was convicted for offence punishable under Section 448 IPC however, the learned Metropolitan Magistrate directed restoration of the property to Thakur Mal Singh. On 5th December, 1998 the Company filed an application for correction of the judgment which was dismissed by the learned Metropolitan Magistrate on 27th February, 1999.

(3.) Challenging the judgment dated 7th November, 1998 and the order dated 27th February, 1999 the Company filed a petition before this Court being Crl.M.C. No. 9570/1999. Vide the judgment dated 8th August, 2000, this Court set aside the challenged portion of the judgment and directed restoration of the possession of the property to the Company. The order dated 8th August, 2000 passed by this Court was challenged by Thakur Mal Singh before the Supreme Court in SLP (Crl.) No.3074/2000 which was dismissed and a review application filed therein was also dismissed by the Supreme Court vide order dated 9th November, 2000.