MOHAMMED NASIM Vs. SALMAN BIBI

JUDGEMENT

(1.) THIS order shall also govern the disposal of Cr. Rev. No. 3312 of 1996.

(2.) THESE two counter revisional cases arise out of an application filed under Section 144, Cr.P.C., being M.P. Case No. 1708 of 1996 pending in the Court of Executive Magistrate. The applicant Mohammad Nasim in para 3 of the application alleged that he was a tenant in the disputed room, situated at 1G, Shab Gachi First Lane, Calcutta. Due to paucity of space, he shifted to Kasai Bustee First Lane. The Opposite Party Salman Bibi requested the applicant (Mohammad Nasim) to give her the key of the tenanted room so that she can look after the premises till Mohammad Nasim comes back. Mohammad Nasim acceded to this prayer and handed over the key of the room to Salman Bibi. Salman Bibi was in occupation of the room ever since.

(3.) THE learned Magistrate passed an order in terms of the prayer made in the application of Mohammad Nasim. The opposite party Salman Bibi appeared before the learned Executive Magistrate and prayed that since she had already obtained a temporary injunction from Civil Court the order be vacated. The learned Magistrate vacated the stay order on 10.6.1996. Mohammad Nasim filed Cr. Motion No. 204 of 1996 in the Court of Sessions at Alipore and contended that the learned Magistrate had no power to put back Salman Bibi in possession of the disputed room. The learned Sessions Court relied on the case of Sankar Kumar Mukherjee v. State of West Bengal, 1989 C Cr LR (Cal) 62 and held that the learned Magistrate had inherent powers to undo wrong committed on account of the order passed by him. Hence petition 2503 of 1996 came to be filed by Md. Nasim, in this Court.