JHUMARMAL DUGAR Vs. INSPECTOR GENERA OF POLICE HYD

JUDGEMENT

(1.) This writ appeal is directed against a judgment dated 3rd July, 2001 passed by a learned single Judge of this Court. The appellants in the said writ petition prayed for a writ in the nature of mandamus declaring the action of the respondents in putting a seal to the ground floor portion of the premises bearing No.5-9-22/106 and 5-9-22/106-A situated at Adarshnagar, Hyderabad as illegal, arbitrary, unjust and without jurisdiction.

(2.) The basic fact of the matter is not in dispute. The petitioners purchased the property bearing No.5-9-22/106 and 5-9-22/ 106A situated at Adarshnagar, Hyderabad under a registered sale deed through a special power of attorney of one Smt. S. Rama Devi. A sale deed was executed on 18-11-1999 and registered on 27-11-1999. A case under Section 420 of the Indian Penal Code was registered at Saifabad Police Station on 4-11-1999 and marked as Crime No.514 of 1999 on the ground that the said Rama Devi acquired the properties which were alienated in favour of the petitioners out of the funds of the Chit Fund. Furthermore, an order of attachment was passed by a civil Court as regard the aforementioned properties in OS Nos.1495 and 1563 of 1999. The said suits were filed by several creditors.

(3.) The learned single Judge has proceeded on the basis that the transactions entered into by and between the writ petitioner and their vendors are wholly illegal. The learned Judge has further held that as the petitioner's vendors had been evading arrest, the claim of the petitioner is illegal and the transaction entered into by and between the parties are not bona fide since the investors' rights are defeated by reason of the said transaction.