INDUBHAI PATEL Vs. STATE

JUDGEMENT

(1.) The question that requires determination in this criminal revision is : Whether an interim order of a Civil Court of competent jurisdiction in a title suit, to maintain the status quo in respect of the disputed property, which is prior in time, can be defeated by an order of Sub- Divisional Magistrate under Sections 145 and 146 of Cr. PC. Even though the proposition appears to be simple but the points raised in the case have made it difficult to answer. To resolve the controversy a few relevant facts need mentioning.

(2.) Premises No. 7, Jantar Mantar Road, New Delhi is owned by the Trust called Sardar Vallabh Bhai Patel Samarak Trust. In May, 1977 the Trust let out the western wing of the first floor and the entire ground floor to Janata Party, a national political party at a monthly rent of Rs. 2100. Even since then, the Janata Party is in actual, exclusive and physical possession of the premises under their tenancy. Sometime in the year 1979, with the permission of the Trust, the Janata Party constructed three rooms on the eastern wing of the second floor of the building. This portion was put to use for its Youth Wing known as 'Yuva Janata'. In July, 1982, the national executive of the Janata Party formed a Mass Action Committee for implementing the institutional policies propounded by the party. Swami Agnivesh, respondent No. 2, who was then the Member of the Janata Party was made its convener He was permitted to use the premises of Yuva Janata with its furniture and fixtures and telephone etc. Yuva Janata also continued to function from the said premises. After the organisational election of April/May, 1986, respondent No. 2 ceased to be the Convener of the Mass Action Committee. Swamiji was asked not to use the said premises in any manner and in any capacity.

(3.) The Delhi Janata Party held its organisational elections in April, 1986 wherein petitioner No. 3, Shri V.P. Chaudhary was elected as its President. He in turn requested the central office of the party, to arrange for some accommodation for their office. Petitioner No. 4 Shri Indu Bhai Patel, General Secretary of the Janata Party allowed the Delhi unit to occupy and use the premises which previously was in use of the Mass Action Committee. Swamiji respondent No. 2 was duly informed of this arrangement.