MULLA Vs. SUB DIVISIONAL MAGISTRATE PANIPAT

JUDGEMENT

(1.) Proceedings under S.145, Criminal P.C., are pending in the Court of the Sub-Divisional Magistrate, Panipat. The subject of dispute is a piece of agricultural land owned by one Lakhi who died in the year 1977. His estate became the bone of contention between the two contending parties herein. On the one side, Smt. Phulia, one of the petitioners, claimed the estate as begin the widow of the deceased by means of a Karewa marriage as also on the basis of a registered will. The other petitioner helping her in her claim is her son Mulla from her former husband. On the other side is Jai Ram respondent No.2 who claimed the estate as a distant collateral of the deceased. Apprehending breach of peace between the contending parties pertaining to possession of the land in dispute, the S.D.M., Panipat vide order dated 16-7-1977 passed a preliminary order under S.145(1), Criminal P.C. Embodied therein was a consequential order under S.146, Criminal P.C., attaching the land in dispute, appointing the S.H.O., Smalkha to take charge of the same. Undisputably, the attachment is effective since then and none of the parties is in possession of the subject of dispute.

(2.) Later on 29-8-1977, the learned S.D.M. passed an order declaring that he was unable to decide as to which party had been in physical possession of the land on the crucial date. Thus, a direction was issued to the parties to get their right of possession determined from a competent Court. Sequally it was ordered that the land in dispute shall remain attached till then. Jai Ram respondent No.2 then filed a revision petition against the aforesaid order which was upset by the Court of Session. The S.D.M. was thus required to decide the matter on the basis of the evidence existing on the file and that too expeditiously. Nothing came out of it. The matter still kept lingering on.

(3.) On 27-10-1979, Jai Ram respondent No.2 filed a civil suit claiming the estate. It was specifically averred by him that the land in suit was under attachment in proceedings under Ss.145/146, Criminal P.C. Claim was laid that if the case under S.145, Criminal P.C. was not decided in his favour, then in that case his alternate claim was that he was entitled to possession of suit land on the basis of title. The suit of course was resisted by Smt. Phulia petitioner. The Civil Court inter alia framed an issue "Whether the plaintiff is the owner of the suit land and is entitled to get possession". The issue was decided against the plaintiff. Statedly, an appeal has been filed by Jai Ram but seemingly no interim orders have been passed by the appellate Court.