HINDUSTAN LEVER LIMITED Vs. SHADILAL CHOPRA

JUDGEMENT

(1.) THE petitioner, Hindustan Lever Limited, has filed this Revision Application against the judgment and order dated 7th October 1989 passed by the learned Metropolitan Magistrate, 7th Court, Dadar, Bombay, in Case No. 465/n of 1989 dismissing the application filed by the petitioner under section 145 of the Code of Criminal Procedure in respect of Flats Nos. 4 and 5 in the building known as "prakash", 2nd floor, 611/3, Sion-Trombay Road, Chembur, Bombay (hereinafter referred to as "the disputed flats" ). Shri P. V. Ramanathan, who is the Administrative Manager of the Company, filed application under section 145 of the Criminal Procedure Code against respondent No. 1 and 2 as they forcibly and wrongfully dispossessed the petitioners from the disputed flats on or about 17th or 18th January 1968.

(2.) IT is the case of the petitioner-Company that the disputed flats were taken on lease from 1st February 1972 from its owner Ramlal Wadhawan. Thereafter the owner Ramlal Wadhawan sold the said flats to one Smt. Durga Devi Chopra in the year 1974. Hence the Company started paying the rent to the said Druga Devi. In October 1976, one Roshanlal informed the Company that Smt. Durga Devi has expired on 28th May 1976 and that he was appointed as an Executor of her Will. According to the Will, Smt. Durga Devi had bequeathed the property to her four grand-daughters, who were minors at that time. The petitioner-Company, after verifying the death certificate and after obtaining consent on behalf of the minors, started paying rent to Roshanlal. It is also pointed out that in the year 1976 Roshanlal offered to sell the disputed flats to the Company, but at that time the Company replied that they were not interested in purchasing the flats. The letters exchanged between Roshanlal and the petitioner-Company in this regard are produced on record at Exhibits "a" and "b". It is also stated that the Company had allotted the flats to Mr. Sivaskandan, who was the Manager of the Company at that time, for his residence. He stayed there from 1st November 1972 till 16th January 1988. He vacated the said flats because he resigned from the Company with effect from 1st January 1988 and he was permitted to stay there for a few days more because he had to make some alternative arrangement. It is also pointed out that on behalf of the Company, Shri Ramnathan took possession of the said flats on 16th January 1988. Thereafter on 18th January 1988 at 12. 00 noon Shri Sivaskandan found that someone had occupied the disputed flats and hence he informed about it to Shri Ramnathan. Thereafter Shri Ramnathan reached the premises and he was told by respondent No. 1 that any person coming from the petitioner-Company would not be permitted to enter the disputed flats and that if anybody entered he will have to face dire consequences. Therefore, Shri Ramnathan reported the matter to police and First Informations Report was lodged. On 23rd January 1988, Shri Sivaskandan filed an affidavit in support of the application under section 145 of the Code of Criminal Procedure (Codes for short ). That affidavit is at Exhibit "j".

(3.) IT is also pointed out that when Shri Ramnathan went to the Police Station, Sub-Inspector of Police Shri P. G. Khade, who was the Duty Officer, instructed one Police Constable to accompany Shri Ramnathan to visit the disputed flats and see the actual position. On reaching the main entrance of the premises, Shri Ramnathan found that the locks put by him on the outside of the two main doors were not there and the door latches were unlocked. There were two other locks, one each on the hook of each of the two doors. The doors were closed from inside. The Constable pressed the door bell and after a few minutes one person opened the door. Some other persons were also inside the flats. It is also stated that Shri Ramnathan was not permitted to enter the flats by the hirelings of the respondents and only the Constable was permitted to enter the flats. Thereafter First Information Report was lodged at the Chembur Police Station for offences punishable under sections 451, 454 and 457 read with section 114 of the Indian Penal Code.