SINGH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) AFTER having filed a civil suit for declaration of her status as joint owner of undivided share in the disputed lands and obtaining an order for maintenance of status quo therein regarding actual physical possession over these lands, Suit. Kishni respondent No. 3 is alleged to have approached the police in Police Station, Raipur Rani, for initiation of section 145 Cr.P.C. proceedings against the remaining joint owners of undivided shares in these lands.

(2.) INITIALLY learned Sub-Divisional Magistrate ordered on 26th June, 1989 that no party shall enter on the lands in dispute. Realising the legal fallacy on 18th April, 1990 the land in dispute was attached and Naib Tehsildar, Raipur Rani was appointed as receiver. Remaining joint owners have now approached this Court in Cr. Misc. No. 4786-M of 1990 for quashing the proceedings before the learned Sub-Divisional Magistrate as also for vacation of the impugned orders aforesaid.

(3.) IN law everyone of the owners in undivided share of joint lands is deemed to be the owner in actual physical possession of every inch of the joint land. The right to exclusive possession becomes available to such joint owner after he gets the land partitioned and that also in respect of the land falling to his share. Civil Court thus acted strictly in accordance with the law while maintaining status quo recording possession. Assumption of jurisdiction by the learned Sub-Divisional Magistrate and making the orders dated 26th June, 1989 and 18th April, 1990 by him is thus wholly illegal.