PUNAMCHAND BHIMAJI MALI Vs. CHANDANBAI HIRALALJI MALI

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal procedure 1973 (for short "the Code") filed on 31-8-1984 and directed against the order dated 28-8-1984 passed by the first Addl. Sessions Judge, Ratlam in Criminal revision No. 4 of 1984 whereby he has set aside the order dated 9-12-1983 passed by the learned trial Court regarding delivery of possession of two rooms of the house in question situate at Ratlam, to the petitioner.

(2.) FACTS giving rise to the application are that the petitioner Punamchand is the son of deceased Bhimaji and Laxmibai is the wife of Punamchand. The non-applicant chandabai is the wife of his brother Heeralal. According to the petitioner the property in dispute forms part of an ancestral house belonging to deceased Bhimaji and is in joint possession of the parties. Following the report by the non-applicant No. 1 Mst. Chandabai, this disputed portion was taken possession of by the police during investigation. The contention of the non-applicant Chandabai is that the property in dispute was purchased by Mst. Kishi, wife of deceased Bhimaji for Rs. 800/- as long back as in 1958. In 1963, Mst. Kishi, then a widow, transferred it to her by a registered sale-deed.

(3.) THE non-applicant No. 1 Mst. Chandabai, in March '82 filed an eviction suit therein mentioning the petitioner's wife Mst. Laxmibai as a sub-tenant and obtained an ex parte decree. Mst. Laxmibai challenged the judgment and decree by filing Civil Suit no. 272-A of 1982 and obtained an injunction on 27-2-1982 against execution of the said decree.