KAMLA DEVI Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) The learned Additional Sessions Judge, Delhi, has by his order dated 13th September, 1968 forwarded the record of the case Raghbir Singh v. Kamla Devi ect. initiated under section 145, Cr. P.O., at the instance of Raghbir Singh. The learned Additional Seasions Judge has recommended that the order of the learned Sub-Divisional Magistrate Shri V.N. Chaturvedi, dated 25th May, 1968 be set aside and the said learned Sub-Divisional Magistrate be directed to refer the matter of possession to the civil Court as envisaged by section 146, Cr. P.C.

(2.) It appears that Raghbir Singh, by means of an application dated 7th March, 1968, under section 145, Cr. P.C. moved the Court of the learned Sub-Divisional Magistrate (Jama Masjid) Delhi complainging that Smt. Kamla Devi one of his neighbours, residing in house No. 433. Gali Pharwali, Chatta Lal Mian had on 6th February, 1968, with the active assistance and co-operation of 14 other persons, who were made respondents by him in his application, had demolished the intervening wall of the verandah and taken unlawful possession of a part thereof in the presence of four persons Khazan Singh, Jamuna Das 0m Parkash and Swami Dass. A prayer was made to initiate proceedings under section 145, Cr. P.C. and to order possession to be restored to the applicant.

(3.) The learned Sub-Divisional Magistrate, by his order dated 25th May, 1968, came to the conclusion that Raghbir Singh was proved to be in possession of the verandah in question on 6th February, 1968, and also prior to that date. He was accordingly held entitled to possession of the said verandah till evicted therefrom under due course of law. The Station House officer of Jama Masjid was directed to break open the seal and hand over possession to Raghbir Singh. The opinion on which this order was based, was formed by the learned Sub-Divisional Magistrate on the basis of the affidavits of the persons mentioned in the application under section 145 of the Code and also a on the report of the police Sub-Inspector and a photograph filed by Raghbir Singh.