SATYA NARAIN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) V. N. Mehrotra, J. The present petition has been filed under Section 482, Cr. P. C. praying the entire proceedings under Section 145, Cr. P. C. in case No. 55 of 1986, Raj Mani and another v. Satya Narian Mishra, pending in the court of Sub-Divisional Officer Sadar, Mirzapur be quashed.

(2.) THE brief facts, as will appear from the record, are that the opposite parties 2 and 3 had on 23-1-1986 filed a civil suit for specific performance of contract for sale against the present petitioner and one Ram Khilwan since deceased. It was in that suit asserted by the plaintiffs that Ram Khilawan, defendant No. 1, was owner of the land in question and entered into an agreement for sale in favour of plaintiffs on 15- 12-1975. Out of the sale amount of Rs. 40,000 the plaintiffs claimed to have paid Rs. 30,000 as advance. It was asserted that the owner had handed over the possession of the land in dispute on that date. THE plaintiffs also impleaded the present petitioner alleging that he claims to have become the owner of the land under a gift deed allegedly executed by Ram Khilawan. THE plaintiffs prayed for a decree of specific performance of contract and also prayed that if the court found that they were not in possession, the possession of the land in dispute be also delivered to them.

(3.) PARTIES have exchanged affidavits in this case. I have heard the learned counsel for the parties.