ONKAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been Directed against the judgment and order dated 7-2-1992 passed by IV AddI. Sessions Judge, Hamirpur in Criminal Case No. 156 of 1991 granting the revision and releasing the disputed crop in favour of opposite party No.1 Kamtoo.

(2.) Proceedings in Criminal Case No. 12/90 under section 145 Cr. P.C. were initiated upon the application of the revisionist. It alleged that plot No. 587 having an area of 10.71 aere in village Bidokhar Purai, Pargana Sumerpur, District Hamirpur belongs to the Deity. Smt. Jeewni kunwar was the tenure holder of the aforesaid plot. She executed a will on 7-8-1986 bequething the plot in question to the Deity. After her death the Deity came into possession. Opposite Party Nos. 2 and 3 have nothing to do with f but during the mutation proceedings the opposite parties Nos. 2 and 3 moved an application for being made party to those mutation proceedings this application was allowed. More than a year has passed but the mutation case has not yet been decided. It was further said that the crop existing over the plot in question was sown and nurtured on behalf of the Deity but the opposite parties Nos. 2 and 3 want to destroy it. A report was called for from the Police Station concerned and on the basis of the report a preliminary order was passed on 26-3-1990. The crop was also attached and given in the supurdagi and a supurdgar.

(3.) Opposite party No.2 Kamtoo filed written statement in which he claimed possession on the basis of another will said to have been executed by Smt. Jeewni Kunwar in his favour. He, however, did not file the will said to have been executed by & Smt. Jeewni Kunwar in his favour. He also alleged his possession over the land in question as Karinda of Smt. Jeewni Kunwar for the last about 20-25 years.