RAM DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application under Section 482 Cr.P.C. is directed against an order of Sri Ram Krishna Gautam, learned Sessions Judge, Kanpur Nagar dated 07.07.2018 allowing Criminal Revision no.115 of 2018 and setting aside an order of Sri Sanjay Kumar, the Sub-Divisional Magistrate, Sadar, Kanpur Nagar, dated 19.04.2018 passed in Case no. T201803410106638, Ram Devi vs. Ram Kumari and others, under Section 145/146 Cr.P.C., Police Station Vidhnu, District Kanpur Nagar, whereby the Magistrate has ordered the property, subject matter of proceedings, in the case aforesaid, under Section 145 Cr.P.C., to be attached under Section 146(1) Cr.P.C. pending decision of proceedings.

(2.) Heard Sri Pradeep Chauhan, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA appearing on behalf of the State.

(3.) The dispute in the present proceedings appears to be between two purchasers of the same plots of agricultural land, one purchasing it from the sole heir of the original tenure holder, one Manna, since deceased, in his male line of descent, a woman called Rama Kanti, and, the other purchasing it from the heirs of the original tenure holder aforesaid, sons and daughters, and, grand children, number ten, but all in the female line of descent. The applicant is the purchaser from owners representing the female line of descent as aforesaid, through registered sale deed dated 19.06.2015, and, claims possession on its basis, whereas opposite party no.2 claims on the basis of a registered sale deed dated 03.05.2012 executed by Rama Kanti, representing the male line of descent, asserting title and possession to the said land on its basis, rivally to the applicant.