BACHAN KAUR Vs. U.T. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure is at the instance of a woman who claimed herself to be the widow of one Sampuran Singh who had a house in village Mani Majra, U.T. Chandigarh. That house on the death of Sampuran Singh was claimed by her not only on account of relationship but on the basis of a will. On the other hand, Gian Singh respondent No. 2, claiming himself to be sister's son of Sampuran Singh, claimed it on the basis of another will in which allegedly the will in favour of the petitioner had expressly been cancelled.

(2.) THE disputed arose on account of the proceedings initiated by the police under Section 145 of the Code of Criminal Procedure pertaining to that house. The petitioner claimed that she was in possession of the same after the death of her husband. However, in the course of the mutation proceedings, she claimed that she had been disposed, which dispossession was within two months of the passing of the preliminary order dated 21.1.1980.

(3.) THE learned counsel for the petitioner maintained that the documentary evidence produced by the petitioner was weighty and it should have been taken into account read with the contents of the affidavits of the persons placed by the petitioner on record. It is claimed by the learned counsel that injustice had been done to the petitioner, for the affidavits were not considered.