SHRIDHAR SADASHIV KATDARE Vs. P K ANTIA

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure seeks to challenge an order passed by the learned Metropolitan Magistrate, 23rd Court, Bombay, on an application preferred by the petitioner seeking an order of attachment of certain properties, hereinafter referred to as "the disputed property" under section 146(1) of the Code. The facts leading to there proceedings have been set out in the judgment of the Court below and it is unnecessary for me to narrate them in great details. However, for the disposal of the points raised in this petition, I will mention only a few facts.

(2.) A premises consisting of five rooms and also one common room forming part of what is called shop No. 2 in a building named Stadium House at Bombay was taken on lease by five doctors of whom one is the petitioner. This was done as long ago as in the year 1955. The petitioner was the occupant of one of the rooms wherein he was carrying on his profession as a radiologist. Unfortunately in the year 1974 he suffered a heart attack and thereafter, doubly unfortunately, he developed an eye trouble which compelled him, at least temporarily, to give up his profession and go to Australia where his son and daughter-in-law are residing. Before he did that, he had sold away the apparatus required for his profession to one Dr. Deshmukh and the respondent herein.

(3.) It is mentioned by the petitioner that he returned to India on 18th of October, 1980 when he found that the room which, according to him, was still tenented by him had been occupied by the respondent in this petition. This he came to know on or about 21st of October, 1980. After making certain efforts to obtain possession of the room, which proved unsuccessful, he filed an application under section 145 of the Code on 17th of December, 1980. The preliminary order under section 145(1) was passed by the learned Magistrate on 25th of February, 1981 and this order has been subsequently confirmed by this Court.