PRITAM SINGH, ETC Vs. AVTAR SINGH, ETC

JUDGEMENT

(1.) The Facts of the case are as under :-

(2.) A number of residents of Nakodar moved S.D.O. Nakodar on 131th October 1968, for removal of alleged obstruction caused by Pritam Singh petitioner. A petition was later moved for impleading Harbhajan Kaur as well in the proceedings for removal of obstructions. Preliminary notice under Section 133 Criminal Procedure Code were given both to Pritam Singh and Harbhajan Kaur (wife of Pritam Singh) requiring them to remove obstruction in a public street known as Gali Khhatikan or to show cause against these conditional orders.

(3.) The two respondents Pritam Singh and Harbhajan Kaur in reply to these notices contended that the property in dispute belonged to them and was not a public street known as Gali Khhatikan. It was further contended that no unlawful constructions on any public street was made by them and that a Civil suit was already pending in the Court of Sub-Judge Nakodar against the Municipal Committee filed by the Pritam Singh, regarding the alleged obstruction. The learned Magistrate recorded evidence in support of the two versions and passed an order an 10th April, 1969, under Section 139-A Criminal Procedure Code holding that the evidence led by the respondents in support of their denial of the existence of a public right in the street in question was insufficient. He, therefore, ordered the proceedings to be taken under Section 137 Criminal Procedure Code. Thereafter evidence was led by the petitioner and the respondents in the proceedings. The parties relied on oral as well as documentary evidence. The learned trial Court concluded from the evidence led before it that an obstruction had been caused to a public street by the respondents. Hence the impugned order.