BIJAY KUMAR DALMIA Vs. SANWARMAL JALAL

JUDGEMENT

(1.) THIS revision petition arises from the order dated 10. 11.1986 passed by the learned Sub -Divisional Magistrate (E) Tinsukia under section 144 Criminal Procedure Code in Case No. 507 of 1986.

(2.) FACTS : Landlord Sanwarmal Jalan, the opposite party herein, filed an application dated 7.11.1986 for drawing up a proceeding under section 144, Criminal Procedure Code. The case of Sanwarmal is that he was the absolute owner of the disputed house. The house was let out on monthly rent to one Meghraj Dalmia who died in the year 1978. The tenant Meghraj Dalmia was a defaulter. Sometime before his death, Meghraj Dalmia abandoned the disputed home. Since then it was lying unattended and uncared for. Meghraj or his heirs did not also formally hand over the disputed house to Sanwarmal. They did not pay rent but their lock was still there fastening with the bolt of the door of the disputed house. Due to such act, the house was getting damaged and was in a dilapidated condition. It was, apprehended that the fall of the house might endanger the lives of the neighbours and the passers -by. Therefore, it was necessary for the landlord to cause repairs or reconstruction by unlocking the door of the house immediately.

(3.) THE affidavits of the parties, the report of the police dated 12.11.1986 and other materials on record show that in the course of execution of the order of the learned Sub -Divisional Magistrate, the house was demolished and destroyed, and the landlord Sanwarmal took the possession of the land on which the house was standing. However, this court on 26.11.86 passed an interim order in Criminal Misc. Case No. 506/86 arising out of this revision petition prohibiting Sanwarmal from making any construction on the land and also from alienating the same pending final disposal of this revision petition.