RAJANI KANT UNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AS both these revisions, titled above, arise out of same judgment and order dated 15.02.2007 passed by learned Sessions Judge, Dehradun while adjudicating the criminal revisions no. 18 of 2007 and 19 of 2007, hence, both these revisions are being disposed of by this single judgment.

(2.) HAVING heard learned counsel for all the parties, it transpires that initially Prem Chand Saini was the owner in possession of two pieces of land, bearing Khasra No. 119 and 112/2. Both were adjoining in village Uddiwala, Karanpur, District Dehradun. Bishan Singh Rawat is a senior practicing advocate in Commercial Tax matters at Dehradun while Balkrashan Singh Rawat (private respondent) is his father.

(3.) THIS way, Bishan Singh Rawat became a mediator for making out sale of rest of the land in Khasra No. 119. Bishan Singh Rawat, accordingly, sold lands to many persons including Disha Associates. It appears that this land changed hands of so many persons and ultimately a portion of land was purchased by Rajani Kant Uniyal and his wife. It is alleged that Bishan Singh Rawat while initiating the execution of sale deed to Rajani Kant Uniyal transgressed the boundary of the land, which was strictly stated in the agreement executed between Bishan Singh Rawat and Prem Chand Saini, consequently, dispute arose between parties. Either of the parties i.e. Bishan Singh Rawat, on the one hand and Rajani Kant Uniyal, on the other hand, filed civil suit in the court of competent jurisdiction against each other and those suits still await adjudication.