MOHD AYUB KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition arises out of an order passed by the ASJ dated 03. 08. 2001 in Criminal Revision No. 30/2001 whereby the Additional sessions Judge, New Delhi upheld the orders passed by the SDM dated 24. 01. 2000 and 04. 01. 2001 directing handing over of the possession of the property situated in Khasra No. 2016/554 measuring about 2000 sq. yards, basti Hazrat Nizammudin near MCD School (referred to as the 'disputed property') to respondent No. 2 after adjudicating the dispute as to who was in possession within two months before the date of the order passed under section 145 (1) of Cr. P. C. on two references made on 10. 08. 1990 and 1106. 1993 of the police.

(2.) THE lis was in fact between the petitioner, respondent No. 3 and 4 on one hand and respondent No. 2 on the other hand. Both the parties claimed possession of the disputed property deriving their title from their common ancestors which was the bone of contention between them.

(3.) IT is a matter of record that after protracted trial the proceedings ultimately came to be decided by SDM, Defense Colony/mehrauli where the proceedings were transferred on account of the allegations made by the petitioner. In those proceedings an advocate had appeared on behalf of the petitioner, namely, Sh. S. Adil Akhtar which fact is noticed even in the report of the Local Commissioner. Before the SDM concerned parties were called upon to lead the evidence. While the second respondent lead his evidence, the petitioner/ respondent No. 3 and 4 has led no evidence. It is in these circumstances, the SDM decided the matter in favour of the second respondent which has been upheld by the first revisional Court on a revision preferred by the petitioner who is now before this Court. In fact by way of second revision though titled as a petition under Section 482 Cr. P. C.