RAKESH Vs. SUNITA

JUDGEMENT

(1.) PROCEEDINGS under Sections 145/146 Code of Criminal Procedure were initiated between Rakesh son of Sultan Singh (Party No. 1) and Pal Singh and others (Party No. 2) in the Court of Sub Divisional Magistrate, Rewari with regard to land measuring 64 kanals 4 marlas and 26 kanals 15 marlas situated in village Dehlawas Gulabpura, Tehsil and District Rewari. It was alleged by Rakesh that Sultan Singh alongwith his brothers Bhim Singh etc. was in possession as Mustarka Malkan of land measuring 64 kanals 4 marlas and 26 kanals 15 marlas situated in village Dehlawas Gulabpura. Bhim Singh etc. and Sultan separated their cultivation by mutual agreement and they are cultivating separately. At the spot, he (Rakesh) is cultivating land of mustatil No. 29 killa No. 3/3 (2-13) 19(8-9), mustatil No. 32 killa No. 11 on behalf of his father. Pal Singh etc. (second party) got executed an adoption deed, sale deed and lease deed in their favour from Sultan, which was the result of manipulation on their part with Sultan Singh. Pal Singh etc. (second party) threatened that they will not allow him to cultivate the land. He prayed that the land be attached, so that there was no untoward incident with regard to the possession of land, namely the commission of breach of peace.

(2.) SECOND party put in written statement urging that Rakesh Kumar (first party) was not co-sharer in the land. In fact, Sultan son of Jawahra was in possession of the property from whom Smt. Sunita (second party) purchased land vide registered sale deed dated 18.4.95 for a sum of Rs. 2 lacs. She became owner of the land since 18.4.95.

(3.) AGAINST the order dated 15.2.96 attaching land and appointing receiver, Smt. Sunita wife of Pal Singh filed revision, which was dismissed by Additional Sessions Judge, Rewari vide order dated 29.3.96 holding that no revision was maintainable against interim order.