INDIAN SULPHACID INDUSTRIES LTD. Vs. GURJIT SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Revisions Nos.500 of 1982 and 470 of 1983 since the order under attack is common.

(2.) SKELETALLY put, the facts are these. Land comprised in Khasra Nos.263, 265, 266, 254, 259, 252, 243, 245, 278, 607, 608 and 609 etc. situated at G.T.Road, Khalsa College, Amritsar, become the bone of contention between the manangement of Indian Suphacid Industries Limited, petitioner in Cr. Revision No.500 of 1982 and S/Shri Dev Raj Kapoor, Som Raj Kapoor, Hans Raj Kapoor and Dewand Chand Kapoor respondents. It appears that initially Kapoors had proprietal interest in the said land because they were partners in a firm known as Messrs Sambhu Nath and sons. Later, as it appears the firm Sambu Nath and Sons, together with its assets and liabilities, was taken over by the Indian Sulphacid Industries Limited. Then arose some litigation between the parties. The company obtained a Civil Court decree pertaining to the aforesaid land, as also otherhand to the effect that it was owner in possession of the land in suit, permanently restraining the Kapoors from interfering in its possession. The decree, however, was ex parte. The Kapoors, on the assumption that they were owners in possession of the laand entered into some deals with some people, foremost amongst them being Jang Bahadur Singh, Khazan Singh and a few others. The dispute having brewed up, the police filed a calender in the Court of the Executive Magistrate, Amritsar, complaining apprehension of breach of peace over the disputed land. The learned Magistrate took cognizance thereof. The dispute at that time arose only between the company and the Kapoors. Later, during the pendency thereof, Jag Banadur Singh and others applied for being made parties thereto and their prayer was allowed.

(3.) THE learned Magistrate adopted the easy course and declared the Kapoors to be in possession of the property in dispute. He totally undermined the value of the Civil Court decree in favour of the company on the supposition that since it has been sought to be set aside by the Kapoors its efficacy had gone. Secondly, he found entries in the revenue papers yet continuing in the names of Kapoors and thereupon jumped to conclude that they were in possession of the property at least 60 days prior to the passing of the preliminary order under section 145(1) of the Code of Criminal Procedure. He repelled the claim of the intending purchasers, Jang Bahadur Singh and others, on the ground that since as yet no registered sale deed had been executed in their favour, the question of their being in possession did not arise. In that way, he went in accord with the latter Civil Court decree, as pertaining to the intending purchasers, for, the Court, too, had not come to their rescue to declare them in possession. It is in these circumstances that Criminal Revision no.500 of 1982 has been filed by Indian Sulphacid Industries Limited, the company, and the other by the intending purchasers, being Criminal Revision No.470 of 1983, both directed against the order of the Executed Magistrate dated April 1, 1982.