KANSHI RAM Vs. INDER SINGH

JUDGEMENT

(1.) ON 10. 02. 2001 a dispute arose between the petitioners on the one hand and the respondents on the other hand regarding possession of a plot of land measuring 1000-1200 sq. yards forming part of khasra No. 188, Main dabri Nasirpur Road (hereinafter referred to as the 'disputed property*)which also resulted in registration of two cross cases against each of the parties vide FIR No. 100/2001 and 101/2001 both under Sections 147/149/308/323/427/506 IPG at P. S. Najafgarh which are still pending.

(2.) SHO Najafgarh on the same day also made a reference of the dispute to the then SDM Najafgarh under Section 145 Cr. P. C. apprehending breach of peace. SDM passed a preliminary order under Section 145 (1) of Cr. P. C. and called upon both the sides to file their written statements. The petitioner was arrayed as the first party while the respondents were arrayed as the second party in those proceedings. In their written statements both the parties claimed settled possession in the aforesaid plot on the relevant date as well as two months before that and alleged that it was the other party who wanted to grab the possession of the same.

(3.) DURING the course of proceedings the parties at one stage also requested for dropping the proceedings but it was not agreed by the SDM. In fact vide his detailed order dated 11. 05. 2001 the SDM declared that the second party i. e the respondents herein were in possession of the disputed property and were entitled to retain the possession till evicted in accordance with law by a competent Civil Court. He also directed SHO concerned to provide necessary protection in this regard. However the order was passed without recording any evidence.