MALOOK SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners seek pre-arrest bail in a case registered against them on 7.1.2010 for the offences under Sections 379 and 506 IPC.

(2.) Land measuring 79 Kanals 15 Marlas in Village Banwala alias Bishanpura, Tehsil Patran, District Patiala was owned by three brothers Ram Singh, Bhag Singh and Ram Dass. The petitioners by sale deed dated 31.8.1977 (Annexure-P.2) purchased 52 Kanals 10 Marlas of land from Bhag Singh and Ram Dass. The third brother Ram Singh was left with land measuring 26 Kanals 11 Marlas.

(3.) After the death of Ram Singh the land was inherited by his widow Harnam Kaur and three daughters, namely, Surjit Kaur, Karnail Kaur and Jagpal Kaur. Harnam Kaur, Surjit Kaur and Jagpal Kaur sold their share of land measuring 19 Kanals 19 Marlas in favour of petitioners. Karnail Kaur the third daughter of Ram Singh vide sale deed 22.9.1977 (Annexure-P.4) sold her share of land measuring 6 Kanals 12 Marlas to one Jagdish Singh (non-petitioner). The petitioners thereafter vide sale deed dated 3.5.1979 (Annexure-P.5) purchased the land from said Jagdish Singh. In this manner, they became owner of the entire land i.e. 79 Kanals 16 Marlas of Ram Singh, Bhag Singh and Ram Dass. Karnail Kaur, daughter of Ram Singh filed a suit claiming that her father Ram Singh had wrongly transferred 52 Kanals 10 Marlas of land in favour of his brothers Bhag Singh and Ram Dass. The said suit of Karnail Kaur was decreed to the extent of share of land measuring 52 Kanals 10 Marlas. After the death of Karnail Kaur, her husband Chhota Singh and two daughters Jasbir Kaur and Karamjit Kaur became owners of the land to the extent of share of 52 Kanals 10 Marlas. The complainant vide sale deed dated 13.8.2008 (Annexure-P.8) purchased 266/1595 share of land measuring 13 Kanals 6 Marlas, however, no specific Khasra numbers were transferred. Mutation No. 1118 (Annexure-P.21) was sanctioned in respect of the share i.e. 266/1595 in favour of the complainant. In the jamabandi for the year 2004-05 (Annexure-P.22) the petitioners are recorded in possession of the entire land except land measuring 14 Kanals 17 Marlas which is recorded in cultivating possession of Malook Singh son of Amar Singh as 'Gair Marusi'. The case relates to the determination of shares of each of the parties on the basis of the revenue record and it is to be ascertained by the prosecution or the police authorities as to whether the offences as alleged are made out or not.