SKARIA MATHAI Vs. NARAYANAN NAIR

JUDGEMENT

(1.) The petitioner is the counter petitioner in M.C. No. 23 of 1124 on the file of the First Class Magistrates Court, Thodupuzha. The petition is for stay for the trial of that case till the disposal of O.S. No. 230 of 1124 of Thodupuzha Munsiffs Court. That is a suit filed by the petitioner in M.C. No. 23 of 1124 for specific performance of a contract of sale alleging that he is in possession of the property as per the contract of sale. The petitioner here who is the defendant in that case contends that he is in possession of the property as per sale in his favour from the original owner. One of the questions to be decided in that case is as to who is in possession of the property. It is after the filling of that suit that the plaintiff moved the Magistrates Court for taking action under S.143 of the Travancore Criminal Procedure Code. That Court started proceedings under that Section and attached the property. The question as who is in possession of the property will have to be finally decided by the Civil Court. When the Civil Court was already seized of the matter there was no necessity for the plaintiff to move the Criminal Court for starting proceedings under S. 143 of the Travancore Criminal Procedure Code. The plaintiff could have moved the Civil Court itself to appoint a Receiver for the property and thus avoid any likelihood of a breach of the peace relating to the possession of the property. It is unnecessary to have separate enquiries relating to the possession of the property. It was contended for the counter petitioner that the filing of a civil suit relating to the possession of the property is no reason for staying proceedings under S.143 of the Criminal Procedure Code and reliance was placed on the ruling reported in Thomas v. Chelliah Nadar (1945 TLR 773); Ramiah v. Ramiah ( AIR 1927 Mad. 778 , and Goswami v. Rajagopalachari ( AIR 1931 Pat. 411 ). These were cases in which the Civil Suit was filed after proceedings were started in the Criminal Court. But in this case it is after the civil suit was filed that the plaintiffs moved the criminal court to start proceedings under S.143. I think that in such a case the proper course to adopt would be to move the civil court itself for appropriate relief even if the disturbance of possession of property occurred after the filing of the civil suit. I therefore think that it is proper that the proceedings in the criminal court are stayed till the disposal of the civil suit. It is therefore ordered that the proceedings in M.C. No. 23 of 1124 on the file of the First Class Magistrates Court, Thodupuzha, be stayed till the disposal of O.S. No. 230 of 1124 of the Thodupuzha Munsiffs Court. The Receiver appointed in M.C. No. 23 of 1124 will, however, continue to be in possession of the property till the disposal of the civil suit or until otherwise ordered by the civil court.