LAWS(ALL)-2017-1-300

CHHOTEY LAL Vs. STATE OF U.P.

Decided On January 19, 2017
CHHOTEY LAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Sanjay Singh, learned counsel for the revisionist, Sri R.J. Shahi, learned counsel for the opposite party nos. 2, 3 and 4 and learned A.G.A. for the opposite party no. 1 and perused the material available on record.

(2.) The facts of this case are enumerated as below:-

(3.) The revisionist Chhotey Lal has presented an application under Sec. 156(3) Crimial P.C. against the opposite party nos. 2, 3 and 4 namely, Saud Bin Akhtar, Smt. Shahida Khatoon and Smt. Naushaba Akhtar, before the court of learned Chief Judicial Magistrate, Shahjahanpur on 30.2012 mentioning therein that the applicant Chhotey Lal was the resident of Mohalla Gauharpura, Shahjahanpur. He was informed by Tahsin and Mukesh Verma, both resident of District Shahjahanpur that a piece of land situated at Mohalla Bijalipura was under the sale proceeds and the owner of that piece of land was known to them. On 20.12.2007 while demonstrating the piece of land, Saud Bin Akhtar identified about the land and informed him that the name of legal heirs is to be decided. When that piece of land would be mutated in the names of his mother Smt. Naushaba Akhtar and aunt (Mausi) Smt. Shahida Khatoon, he would execute sale-deed in the name of the applicant. Saud Bin Akhtar settled the transaction for sale of the land at the value of Rs. 6 lacs before Tahsin and Mukesh Verma and demanded Rs. 4 lacs as advance of the sale consideration. On 26.12.2007 Saud Bin Akhtar along with his mother Smt. Naushaba Akhtar and aunt (Mausi) Smt. Shahida Khatoon received Rs. 4 lacs as advance money of a notarised agreement before the son of the applicant Ajay Pal, Tahsin and Mukesh Verma at Collectorate and appended his signature. After the names of mother and aunt (Mausi) of Saud Bin Akhtar were mutated as heirs, the applicant on 25.01.2012 requested to execute the saledeed, on this, Saud Bin Akhtar and his mother abused and intimidated the applicant and denied to execute the saledeed. Later on, it came to the knowledge of the applicant that the alleged piece of land was disputed and Saud Bin Akhtar, his mother and his aunt (Mausi) have cheated several persons by taking money in lieu of that piece of land.