KUSUM SANDHU Vs. VED PRAKASH NARANG

JUDGEMENT

(1.) SMT. Govind Kaur was the owner of building known as Rai Bahadur Basakha Building situated at Plot No. 5 and 8 comprised of Khasra No. 200/31 and 588/500 Block F, Khasoor Road of Joshi Road, Karol Bagh, New Delhi. Smt. Govind Kaur executed a registered Will on 14. 2. 1984 in favour of petitioner No. 1 Smt. Kusum Sandhu, her daughter in law and petitioner No. 1's children. Smt. Govind Kaur allegedly executed an agreement to sell dated 4. 8. 1986 in favour of respondent/complainant thereby agreeing to sell her l/5th undivided share in the said property through her attorney Pritam Singh for consideration.

(2.) SMT. Govind Kaur died on 29. 9. 1986 and on her death petitioner No. 1 along with her children became absolute owner of the said property by virtue of the said Will. Petitioner No. 2 happens to be the husband of petitioner No. 1. After the death of Smt. Govind Kaur, petitioner No. 1 filed a suit on 26. 7. 1988 against the respondent and one Smt. Suman Mahajan seeking possession of the impugned property and also permanent injunction, mandatory injunction and damages. The said suit was contested by the respondent/ complainant and he claimed himself to be the owner of l/5th undivided share in the said property in view of the agreement dated 4. 8. 1986. The civil suit was decided by the learned Additional District Judge by his judgment and decree dated 9. 7. 1998 in favour of petitioner No. 1.

(3.) AGAINST the said judgment and decree, respondent filed an appeal before the Division Bench of this Court being RFA No. 450/1998. The said appeal was dismissed by the Division Bench vide its order dated 30. 4. 1999. Thereafter, respondent filed a complaint being complaint No. 88/1/2002 on the basis of agreement to sell dated 4. 8. 1986. An order under Section 156 (3) of the Criminal Procedure Code (hereinafter referred to as Code) was passed by the learned Magistrate directing SHO, Police Station Desh Bandhu Gupta Road to enquire into the complaint of the complainant and file a report. The SHO filed his report on 20. 10. 2002 after conducting preliminary inquiry observing that the dispute was purely civil in nature. The learned MM thereafter proceeded to record pre summoning evidence of the witnesses and on 17. 1. 2007 he passed an order for issue of summons to the petitioners for offences under Sections 415/193/191/209/34 Indian Penal Code (hereinafter referred to as IPC ). Aggrieved by the said summoning order, the present petition has been filed.