TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the order of Additional Sessions Judge, Jalandhar, dated 23rd of August, 1993, whereby order of the Sub Divisional Magistrate for initiating proceedings under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and for appointment of Tehsildar, Jalandhar as Receiver was set aside and the Sub Divisional Magistrate, Jalandhar, was directed to procure the accounts from the Receiver in respect of the land under attachment during the period it remained attached and release the same to the parties within one month from the date of the order.

(2.) IN brief facts relevant for the disposal of this case are that the present petitioner filed complaint against Gurbachan Singh and others respondents for initiating proceedings under Section 145 of the Code and for appointment of receiver. The Sub Divisional Magistrate after summoning the respondents and giving them opportunity to put in their written statement in respect of their claims regarding actual possession of the plot/land in dispute, held that it was unable to decide as to which of the two parties was in possession of the disputed land at the relevant time and the order of attachment dated 18-4-1988 was allowed to continue until the competent court determines the right of the parties with regard to the persons entitled to the possession of the land in dispute and tehsildar was appointed as receiver.

(3.) THE learned counsel for the parties were heard.