LAWS(P&H)-2013-12-457

HARPREET KAUR Vs. STATE OF PUNJAB AND OTHERS

Decided On December 03, 2013
HARPREET KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed by the petitioner seeking a direction to respondents No. 2 and 3 to investigate the complaint dated 10.7.2013 (Annexure P-4) and reminder dated 8.11.2013 (Annexure P-7) and to take legal action against respondent No. 4-Sukhjit Kaur.

(2.) The contention of learned counsel for the petitioner is that respondent No. 4-Sukhjit Kaur got executed an agreement to sell dated 5.4.2013 (Annexure P-1) with regard to land measuring 12 kanals 10 marlas situated in the revenue estate of village Samana, Tehsil and District Rupnagar, with the husband of the petitioner, namely; Surinder Singh,. The sale deed was to be executed by her by 30.5.2013. It is further contended that respondent No. 4 and her husband in connivance with Patwari has made wrong khasra numbers and cheated the petitioner by executing an agreement. It is further contended that respondent No. 4 got executed sale deed on 23.4.2013 (Annexure P-2) with the petitioner qua 12 kanals 3 marlas 4 Sarsai as detailed in the sale deed out of the total land which she agreed to execute but when the land was measured the same was found short by 6 marlas 41/2 sarsai. The petitioner requested respondent No. 4 to make good the shortage of the remaining land as per agreement to sell, then respondent No. 4 started threatening the petitioner and her husband with dire consequences that if they insist them they will be eliminated. It is further alleged on 8.11.2013, the petitioner has made an application to Assistant Collector (Tehsildar) Ist Grade, Rupnagar for demarcation. On demarcation, it was found that the land measuring 6 marlas 41/2 sarsai does not exists anywhere. Thus, respondent No. 4 had committed fraud upon the petitioner.

(3.) After considering the facts of this case, I am of the considered view that various options are available to the petitioner to pursue her remedy of this nature.