AKHLAQ HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant revision is preferred against the impugned order dated 31.05.2016, passed in Case No. 59 of 2015, under Sections 145 of the Code of Criminal Procedure, 1973 (for short, "the Code"), Smt. Shami Farzana vs. Israr Hussain, by the court of learned Sub-Divisional Magistrate, Pithoragarh (for short "the case"). By the impugned order, a notice issued under Section 145 of the Code dated 07.06.2012 was withdrawn, but subsequent to it, directions were issued that the tenant shall give rent to both the parties equally, which is impugned herein.

(2.) It appears that a premises was given on rent by the revisionist to an Engineering College and a hostel runs in that premises (hereinafter referred to as "the rented premises"). Some dispute arose between the parties. Private respondent no.2 Smt. Shami Farzana filed an application before the Sub Divisional Magistrate, Pithorogarh with the averments that she is owner of the rented premises, but the rent is not being paid to her. The impugned order records that the rented premises was purchased jointly by the revisionist and Late Jakir Hussain, who was husband of respondent no. 2 Smt. Shami Farzana. This was made basis of the claim made by the respondent no. 2 Smt. Shami Farzana. The impugned order also records that the rent-deed was executed by the revisionist with the Engineering College. Parties had no objection that the rented premises be leased out to the Engineering College, but the dispute is with regard to the payment of rent. Recording all these facts, the learned Magistrate by the impugned order, on the one hand withdrew the notice under Section 145 of the Code dated 07.06.2012, but thereafter proceeded to direct that the rent be paid to the revisionist and to the responded no. 2 in equal share.

(3.) Heard learned counsel for the parties through Video Conferencing and perused the record.