SENSER PAL SINGH Vs. MAHMOOD

JUDGEMENT

(1.) The dispute relates to the custody of tractor No. USC 8241 (hereinafter referred to as Tractor). Shri Shiv Charan Singh, father of Senser Pal Singh, the present revisionist, was registered owner of this tractor who died on 6-10-1982. According to the revisionist, by the family settlement he became the exclusive owner of the tractor. According to Sri Mahmood opposite party No. 1, this tractor was sold by Senser Pal Singh to Shahabuddin, opposite party No. 2 for Rs. 32500.00 and Mahmood purchased the tractor from Shabuddin on 25-7-1990 for Rs.63,000.00. These sales are denied by the present revisionist Sri Senser Pal Singh. The further facts leading to this revision may be narrated in brief. On 9-8-1990 police of P. S. Kanker khera (Meerut) made a report under S.107/ l16, Cr. P.C. (Annexure 3 to the counter affidavit) against Mahmood and 26 others. The other parties are Hasmat and others. According to this report Mahmood sold some land to Hasmat and received sale consideration but did not give possession of the land. From the sale consideration he purchased the tractor from Shabuddin for Rs.63,000.00 Hasmat insisted either for the return for the money or for possession of the land. Akhtar son of Shaukat (party No.2) removed the tractor from the compound of Mahmood and kept it in his own compound. There was apprehension of breach of peace on this account and therefore the report for action u/S. 107/ l16, Cr. P.C. was made and this tractor was taken into custody by the police.

(2.) Each Mahmood and Shabuddin applied for the release of the tractor. One B. N. Sharma also applied for the release of the tractor alleging that he has purchased this tractor from Sensar Pal Singh. By an order dated 24-8-1990 the additional CJM released the tractor in favour of Mahmood on furnishing security and on the condition that he will produce the registration certificate within one month. Mahmood Ali moved an application for extension of the time for filing the registration certificate papers but the same was rejected by an order dated 24-9-1990 on the ground that the earlier release order stood automatically vacated on account of nonfiling of the papers.

(3.) On 25-9-1990 Sri Sanser Pal Singh, the present revisionist moved an application for the release of this tractor on the ground that Mahmood had nothing to do with the tractor.