SATYAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BRIEFLY the facts as alleged are that Rajiv Lamba son of Raghbir Singh, resident of Daulatpur, made an application against Smt. Raj Kaur (and five other respondents) that she has unlawfully transferred a piece of land, measuring 3 kanals, which is a part of the total land on lease for a period of 99 years by a registered lease deed on 18-5-1989 and that it was without determining the share of the co-owners. It was on 22-9-1989, Mr. Shiv Singh, ASI of Police Station Sadar Hissar, initiated proceedings under Section 145 of the Code of Criminal Procedure and on 28-3-1990 the land in question was attached under order of Shri N. C. Wadhwa, Sub-Divisional Magistrate, Hissar, under Section 145 of the Code of Criminal Procedure.

(2.) THE aforesaid proceedings have been assailed and it has been alleged that Raghbir Singh was owner of the land to the extent of 3/4 and Raj Kaur to the extent of 14; that on 28-3-1984 Raghbir Singh had sold his share me asuring 2 kanals 17 marlas and in the sale deed it was specifically mentioned that there had been a partition. It has further been alleged that on 11-4-1984 Raghbir Singh sold another piece of land, measuring 3 kanals 12 marlas to one Dinesh Kumar, wherein also there is a mention that there had been a partition of the land. It has also been alleged that Raghbir Singh instituted a Civil Suit No. 418-C of 1989 challenging the aforesaid lease for a period of 94 years executed by Smt. Raj Kaur. It has been pointed out that when Raghbir Singh has admittedly sold his 3/4th share, there was no bar for Shrimati Raj Kaur to deal with her residual 1/4th share in the manner she liked; that the proceedings in Civil Court are already pending inter se the parties and interference of the police or the executive authority was not called for in the circumstances of the case.