REWACHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision petition against the order passed by the Sub-Divisional Magistrate, Katni, in Miscellaneous Criminal Case No. 130 of 1991 (Rewachand son of Sadrangmal v. Rewachand son of Udharam Sindhi), passed on 11-12-1991, by which proceedings under S. 145 of the Code of Criminal Procedure were started and after passing a preliminary order of attachment, the case is fixed for evidence of the parties. Without filing criminal revision before the Sessions Court it has been filed before this Court.

(2.) Admittedly, the shop in dispute belongs to the Municipal Corporation, Katni and the non-applicant No. 2 Rewachand son of Sadrangmal is the lessee of the Municipal Corporation, Katni. On 8-11-1985, one Mohandas son of Shri Meghraj, Rewachand son of Sadrangmal and Rewachand Lohani (the applicant) executed a deed of partnership, which was for a fixed period of five years.

(3.) Thereafter, it is alleged by the applicant that on 22-11-1985, the non-applicant No. 2 delivered the possession of the disputed shop to the applicant on tenancy basis on a rent of Rs. 750/- per month. Since then he is in peaceful possession of the shop known as Barrack No. 78. It is further submitted that on 24-11-1985, the applicant entered into a partnership agreement separately with one Mohandas and partnership concern named and styled as M/s Shree Narayan Tel Bhandar, Katni. Thereafter, the applicant and Mohandas, both, were in possession of the suit shop under their own partnership agreement between them. They used to pay the taxes. According to the agreement between them, this partnership firm was dissolved on 1-4-1989. The applicant used to pay monthly rent of Rs. 750/- regularly to the non-applicant No. 2 but since the non-applicant No. 2 wanted to get the shop vacated, he filed an application under S. 145, Cr. P. C. on 23-1-1991. On 25-1-1991, the disputed shop was attached under S.146, Cr. P. C. The applicant challenged this order before the Court of Additional Sessions Judge, Katni, which was registered as Criminal Revision No. 5 of 1991. The learned Additional Session Judge, Katni, on 8-2-1991, set aside the attachment order of the Sub-Divisional Magistrate, Katni, dated 25-1-1991 and remanded the case back to the Sub-Divisional Magistrate, Katni, to decide it afresh according to law. Thereafter, the Sub-Divisional Magistrate, Katni, on 11-2-1991, passed a preliminary order under S. 145 (1), Cr. P.C. and the property has been attached under Section 146 (1), Cr. P. C. by order dated 11-2-1991, which is the impugned order under challenge before this Court.