INDERJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) PETITIONER seeks quashing of criminal complaint No. 230 dated 26.08.2009, titled as Swaran Singh v. Inderjit Singh and others, under Sections 420, 120 -B IPC, along with summoning order dated 30.08.2013 passed by Judicial Magistrate Ist Class, Tarn Taran along with entire subsequent proceedings.

(2.) FATHER of petitioner had four sons namely Inderjit Singh (petitioner), Ramesh Kumar, Hardeep Kumar and Pawan Kumar. Petitioner sold one plot measuring 13 1/2 malra out of joint land to Harbans Lal vide registered sale deed. Ramesh Kumar challenged the aforesaid sale deed in civil suit No. 21 for declaration and permanent injunction.

(3.) TRIAL Court specifically held that all the sons of Rattan Chand were owners of their respective shares and the sale deed executed by Inderjit Singh (petitioner) in favour of Parveen Kumar did not figure out in the plaint. Co -sharer can sell his share rather he can even sell in excess of his share which is always subject to partition. A simple suit for declaration was not held maintainable under Section 34 of Specific Relief Act. Therefore, the sales effected by petitioner were held genuine and only course available with the complainant was to seek partition of the property and not declaration to annul the sale deeds. The judgment and decree passed by Civil Judge, Senior Division, Tarn Taran were never assailed by the complainant.