SARLA Vs. BABULAL & ORS

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of the Cr.P.C. being aggrieved by order dated 21/06/2016 passed by IIIrd Additional Sessions Judge in Cr.R. No. 07/2016, whereby the order dated 05/12/2015 passed by Judicial Magistrate First Class, Indore for declining the taking cognizance on the private complaint filed by the applicant has been affirmed.

(2.) The facts giving rise to filing of this petition are that on 05/08/2007, Iqbal Singh agreed to sale his house No. 165, situated at Chitavad Road, Jagannath ki Chaal measuring 1500 sq. ft. and he has received Rs.7.75 Lacs in furtherance to the agreement and handed over the possession of the house to the complainant. As per the contents of the agreement the aforesaid house was purchased by Sardar Amar Singh and Mrs. Gurucharan Kaur, who are respectively the father and mother of the Iqbal Singh and after their death, Iqbal Singh became the owner of the house. With regard to the said house Sardar Amar Singh and Mrs. Gurucharan Kaur filed a Civil Suit No. 56A/1986 against Chandri Bai for specific performance of the agreement. During the pendency of the suit, Chandribai died and her son Babulal taken on record as her legal representative. In the aforesaid suit a decree was passed on 31/03/1998 in favour of the parents of Iqbal Singh. After the death of Sardar Amar Singh and Mrs. Gurucharan Kaur, the Iqbal Singh is the only successor of the aforesaid property and he wants to sale the same.

(3.) In the agreement 05/08/2007, it was also mentioned that the respondent No.1- Babulal filed an appeal against the judgment and decree passed by the trial Court, which is pending before the High Court and as soon as the appeal will be decided, Iqbal Singh executed the sale-deed in favour of the applicant by getting remaining amount of the sale consideration. During the pendency of the appeal before the High Court Iqbal Singh has died in the year 2009 and his wife and sons were taken on record as Lrs of the deceased. By affirming the judgment and decree passed by the trial Court, aforesaid appeal was dismissed by the High Court of M.P., Bench at Indore on 14/05/2010. Later on respondent No.1- Babulal filed a review petition against the aforesaid judgment, which was also dismissed by this Court, vide order dated 27/08/2010. After dismissal of the First Appeal and Review Petition, the applicant persistently requested the Lrs' of late Iqbal Singh for execution of the sale-deed, however, they assured that they will execute the sale-deed, then the applicant came to know that the Lrs' of Iqbal Singh are trying to disposed of the aforesaid property to some other person, then she got published a public notice in the news paper.