FATEH SINGH Vs. KARAN SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.P.C. filed by Fateh Singh son of Kanhiya for quashing the judgment dated 15.2.1989 (Annexure P2), of the learned Additional Sessions Judge (III) Rohtak, and the order dated 12.2.1988 (Annexure P1), passed by the Sub Divisional Magistrate, Rohtak.

(2.) BRIEFLY stated the facts are that petitioner Fateh Singh and the proforma respondents Maha Singh etc. were owners in possession of a Gitwar situated near the Pucca road. A dispute was raised by Karan Singh respondent No. 1 and as such, the police prepared a Calender under Section 145, Cr.P.C., and the property was attached. The petitioner filed the written statement dated 21.1.1996 and stated that they were the owners in possession of the disputed site, since the time of their forefathers and they had constructed a Khor in it and also tathered their cattle over this land and used it for sitting purpose as well. Karan Singh on the other hand stated in his affidavit dated 29.11.1985 that the site in dispute was in their peaceful possession and it was part of Khasra No. 9780. He also stated that the Panchayat had decided the dispute on 15.7.1985 in his favour.

(3.) AFTER the remand order, the Sub Divisional Magistrate, Rohtak, vide order dated 12.2.1988 decided the matter again in favour of Karan Singh respondent No. 1 and held that respondent No. 1 was in possession of the site in dispute as it was part of his Gitwar.