SIRAJUDDIN & OTHERS Vs. SAHAJMANI BEGUM & OTHERS

JUDGEMENT

(1.) The applicants have challenged the order dated 8.1.2013 passed by the learned Additional Judge to Additional Sessions Judge, Burhanpur in criminal revision No.91/2012, whereby the order dated 24.7.2012 passed by the SDM, Burhanpur in criminal case No.2/2012 was confirmed, by which it was directed that the first floor of the disputed property be again handed over to the respondents No.1 to 3.

(2.) The facts of the case, in short, are that, both the parties are relatives to each other. The respondents No.1 to 3 are old ladies. At Kagjipura Jainabad, one ancestral house is existing and the respondents No.1 to 3 were residing in the first floor of that house. On 7.5.2011, the applicants dispossessed the respondents No.1 to 3 and kept a lock on the house and therefore, matter was reported to the police. The police Kotwali, Burhanpur has submitted a criminal complaint before SDM, Burhanpur, who called the parties to give reply to the notice under section 145 (1) of the Cr.P.C. and after taking evidence of the parties, passed a final order that the applicants could not show any reason that they were in possession of the property, prior to 7.5.2011 and therefore, they were directed to hand over the possession of the first floor of the house to the respondents No.1 to 3. In criminal revision, the learned Additional Sessions Judge confirmed the order passed by the learned SDM, Burhanpur.

(3.) I have heard the learned counsel for the parties,