MANIK CHAND Vs. MURARI KISHAN TAYAL

JUDGEMENT

(1.) This revision is directed against order dated 14-12-1984 recorded by Sri H.C. Mittal, learned Sessions Judge, Meerut in Criminal Revision no. 285 of 1984 arising out of the proceedings under Section 145, Cr. P.C. in Case No. 28/11 of 1983. Sri Hem Chandra Mittal, Addi. City Magistrate Meerut had declared Manik Chand Manglik, revisionist-opposite party No. 2 in possession of the shop in dispute no. 347 Dhol Ki street Sadar Bazar, Meerut. That order was reversed in revision by the impugned order.

(2.) These proceedings were initiated on 27-5-1982 by Sri Murari Krishna Tayal, Opposite Party No. 1 vide application dated 27-5-1982 submitted to the City Magistrate, Meerut under section 145 sub-clause (1) Cr. P.C. with the allegations that he was owner of the firm Tayal & Company and Tailors situated in Sadar Bazar, Meerut Cantonment and opposite party Manik Chand Manglik was his employee. On account of old age and intimate relations amongst the parties he reposed implicit confidence in Manik Chand Manghk. It was nine months prior to his filing application that he fell ill. Manik Chand Manglik took advantage of the old age and illness of opposite party No. 1 and wanted to take possession over the shop in dispute which led to apprehension of breach of peace by an incident which took place on 21-4-1982 when Manik Chand forcibly asked him to quit the shop. Subhas Chand, P.W./2, Bhola Nath, Chunni Lal, etc. witnessed that incident.

(3.) Opposite party No. 1 also lodged a report about that incident at police station on 23-4-1982.