MOHD MUSHTAQ HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) HARI Nath Tilhari, J. This petition application 482 of the Cr. P. C. has been moved by the applicant, who claims himself to be the owner in possession of the land described in paragraph 1 of the petition by boundaries and which has been alleged to bear municiple No. 486/56/2 having a Kothari and Tin-shed over it, for quashing of the proceedings of Case No. 43/92 (Mushtaq Hussain v. Mohd. Usman Hussain & Ors.) pending in the Court of 1st Additional City Magistrate, Lucknow, opposite party No. 2 as well as for setting aside or quashing the order dated January 14, 1992, Annexure No. 6 to the writ petition and order dated 13-4- 1992, Annexure No. 8 and has further prayed that the restoration of the possession of the property in dispute in favour of the applicant, be also directed to be made.

(2.) ACCORDING to applicant's case as alleged in the petition applicant claimed himself to be the owner of the property in dispute described in paragraph 1 of the application under Section 482 of the Cr. P. C. as land measuring 3800 Sq. Ft. surrounded by boundary walls and having Kothari and Tin-shed over it and bearing the municiple No. 4s6/56/2. The applicant has given the boundaries of the land in dispute as under: East - Land of Mohad. Azmat Azim in occupation of Jamil and Masroof West - Road North - Road South - Lane

(3.) ACCORDING to applicant, on 31-12-91, Smt. Hamida Khatoon and Smt. Aniuman Bano opposite parties alongwith their associates Mohd. Islam Husain, Idil Rizvi and some others came to place of property to dispossess the applicant forcibly but due to timely intervention of the neighbour, they could not achieve their goal. In view of the above, on January 1,1992, Regular Suit No. 2/1992 Mohd. Mushtaq Hussain v. Smt. Hamida Khatoon & Ors. , was filed by the applicant in the Court of Munsif South, Lucknow alongwith application for interim injunction.