SHAKLANAND Vs. PREM CHAND

JUDGEMENT

(1.) THE petitioner and three others, namely, Jaidev Hakim, Jarnail Singh chemist, and Babu Ram shoe seller, were tenants and running their respective business on the shops under the respondents and were regularly paying the rent to them. The Military Estate Office, Delhi, had directed the petitioner and the above said three persons not to give any rent to the respondents in future as leases in their favour were not likely to be renewed. Admittedly, the Military Estate Office, New Delhi, is the owner of the property in dispute. The respondents, fearing non-renewal of their leases by the Milltary Estate Office, wanted to actually occupy the shop from teh petitioner and the above said three persons. With a view to forcibly occupy the shops, the respondents in the early hours of 16th October, 1979 commited criminal tres pass into the shops and caused mischief and extensive damage to the goods/belongings of the petitioner and the above said three persons and threw out all the goods/belongings outside the shops. The respondents forcibly occupied the shops.

(2.) ON the aforesaid allegations, the petitioner lodged FIR with the Police Station, Thanesar. The trial Court charged the respondents under sections 448/34 and 427. Indian Penal Code, vide its order dated 17th October, 1980. Thereafter, the prosecution witnesses have been appearing on various dates but their evidence could not be recorded by the Court for one reason or the other. The case was next fixed for prosecution evidence for 27.7.1982.

(3.) THE trial Court allowed the aforesaid application on the same day and passed the impugned order which is in the following terms:-