MOOLA SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated July 15, 1985, passed by the Additional Sessions Judge, Ludhiana whereby set aside the order dated February 7, 1985, passed by the Judicial Magistrate Ist Class, Ludhiana, entrusting the custody of a tractor to Moola Singh petitioner a registered owner of the vehicle.

(2.) THE facts that have given rise to this petition are in a very narrow compass. Puran Singh respondent purchased the tractor in dispute from M/s. Rajan Enterprises, Khanna, on 23.1.1984. The tractor developed a defect in the gears and Puran Singh took it to the above said dealer for removing the defect. It is alleged that instead of removing the defect, the dealer sold the tractor to Moola Singh on 28.1.1984. Puran Singh lodged a complaint with the police on 30.1.1985. The police took the tractor in possession from Moola Singh. Both Moola Singh and Puran Singh made application for taking the tractor on Superdari and the learned Magistrate after hearing the Advocates appearing for the parties on both sides found that the petitioner herein being the registered owner of the vehicle was the proper person for its interim custody and that in view, he made an order dated February 7, 1985. Aggrieved by the said order Puran Singh approached the Additional Sessions Judge. The learned Additional Sessions Judge, however, being of the view that Puran Singh who claimed to have purchased the vehicle from the aforesaid dealers was the proper person to whom the custody of the vehicle had to be entrusted. Accordingly, the Additional Sessions Judge having reversed the order made by the Magistrate, Moola Singh petitioner has approached this court in revision.

(3.) IN the present case, the petitioner admittedly is the holder of the certificate of registration of the tractor. Equally so the certificate of insurance for the vehicle stands in his name. I am hence of the view that the petitioner is clearly entitled to the custody of the vehicle during the course of the inquiry for trial.