BHAGWAN SINGH Vs. SATNAM SINGH

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Civil Procedure for quashing the complaint, Annexure P1, dated 21.12.1990.

(2.) AS per the allegations in the complaint, 19 persons, all belonging to village Dhandi Khurd, Tehsil Fazilka, trespassed into the land belonging to the complainant and damaged the crop. The complainant alleged that all of them may be ordered to be tried and punished accordingly.

(3.) IN the present case, no details with regard to any overt act by any of the petitioners-accused has been given in the complaint. The allegations are general against all the persons, which in taken on their face value, cannot be sustained. Moreover, the Civil Courts have held that "the plaintiff is not in possession of the land". Thus, the respondent-complainant has tried to show that he is in possession, whereas the findings of the Court are against him.