PRAKASH SAIGAL Vs. NEERU SAIGAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 1.12.1989 passed by Mr. H. Nonghrum, learned District Judge cum Additional Deputy Commissioner, Shillong in S.C. Misc. Case 41 (T)/89 and S.C. Misc. Case No. 53 (T)/89.

(2.) The dispute is between the mother-in-law and daughter-in-law over the custody of Maruti car bearing registration No. MLK-7004. One Ramesh Saigal, son of the petitioner and husband of the opposite party, was the owner of the said Maruti car. He having found dead due to drowning in the Ward's Lake, Shillong, police registered an U.D. Case No. 64 of 1988 and thereafter the unnatural death C.R. Case No. 69 of 1988 was registered in the Court of Smt. G. Lamin, Additional Deputy Commissioner, East Khasi Hills. The Maruti car of Ramesh Saigal, having found near the lake on the date of his death, was seized by the police. Srimati Prakash Saigal, the mother of the deceased Ramesh Saigal, approached the Court of the learned Additional Deputy Commissioner, East Khasi Hills, Shillong in whose Court the U.D. C.R. Case No. 69/88 was registered, for custody of the Maruti Car left by her son. Srimati C. Lamin, learned Additional Deputy Commissioner, East Khasi Hills, who is also the Sessions Judge, in respect of tribal areas of East Khasi Hills District, by order dated 5-4-1989 granted the prayer all the petitioner Srimati Prakash Saigal for fresh Jimma of the car of depositing Rs. 50,000.00 as security for the car. The petitioner thereafter deposited Rs. 50,000.00 and took Jumma of the said vehicle No. MLK 7004. The opposite party Srimati Neeru Saigal impugned the said order dated 5-4-1989, passed by the learned Additional Deputy Commissioner granting Jumma of the vehicle to the petitioner of furnishing security of Rs. 50,000.00 in this Court in Civil Revision No. 9 (H) of 1989. This Court by order dated 9-5-1989, disposed of the petition without interfering with the order passed by the learned Additional Deputy Commissioner. The opposite party Neeru Saigal filed an application in the Court of learned Additional Deputy Commissioner, Shillong under Sec. 372 of Indian Succession Act for grant of Succession Certificate in respect of debts and securities, left by her husband late Ramesh Saigal. In the schedule of debts and securities left, amongst others the Maruti Car was also included, showing the value thereof at Rs. 80,000.00 After receipt of the application, S.C. Misc. Case No. 53(T)/89 was registered in the Court of Mr. H. Nonghrum, learned Additional Deputy Commissioner-cum-District and Sessions Judge,Shillong. The opp. party Srimati Neeru Saigal thereafter filed an application on 13-6-1989 under Order 39, Rules 1 and 2 read with Sec. 151 C.P.C. in the case for succession certificate, alleging that the petitioner Srimati Prakash Saigal, in whose custody the Maruti Car No. MLK-7004 was given by the learned Additional Deputy Commissioner by order dated 6-4-1989, was misusing the vehicle, changed the colour and damaged the vehicle substantially and that if the vehicle continued to be in the custody of Smt. Prakash Saigal, it would result in irreparable loss and made the following prayer:

(3.) The learned Additional Deputy Commissioner-cum-District Judge there upon issued notice to the petitioner Srimati Prakash Saigal to show cause as to why the prayer for interim order made in the aforesaid application dated 13-6-1989, should not be allowed. After receipt of the notice the petitioner entered appearance and filed objection on 16-8-1989, denying the allegations contained in the application dated 13-6-1989. In the said objection the petitioner specifically pointed opt that the application under Order 39, Rules 1 and 2 read with Sec.151, C.P.C. was not maintainable. After the objection was filed, the learned Additional Deputy Commissioner-cum-District Judge fixed 28-8-1989 for hearing. Ultimately hearing was concluded on 7-11-1989 and 28-11-1989 was fixed for order, it appears from the order sheet that on 15-11-1989, a written argument was also filed on behalf of the objector-Srimati Prakash Saigal, the petitioner in the instant case, and the learned Additional Deputy Commissioner-cum-District Judge although fixed 28-11-1989 for order, no order was passed on 28-11-1989. On 1-2-1989 and 2-12-1989 this petition has been moved in this Court at Shillong Bench by the petitioner on the allegation that although 28-11-1989 was fixed for order, no order was passed on that date, nor any order was passed on the following dates. Even on 1-12-1989 upto 4.30 P.M. no judgment and order was delivered by the Court. However, on that night around 6 P.M. (1-12-1989) the officer-in-charge of Shillong. P.S. went to the house of the petitioner and took away the Maruti vehicle MLK-7004, from her custody and handed over the same to the custody of the opposite party Srimati Neeru Saigal. A seizure list was handed over by the Police while taking the car from the petitioner which is annexed as Annexure-6 to the petition. The contents of the seizure list is as follows:-