MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 482, Code of Criminal Procedure, with a prayer for quashing of First Information Report No. 522, dated Dec. 31, 1982, of Police Station Shahkot, Tehsil Nakodar, District Jullundur, and the consequential proceedings before the Judicial Magistrate First Class, Nakodar, in which the said Court in the case, State v. Major Singh framed charges under Ss. 419, 465, 468 and 471, Indian Penal Code, against all the petitioners.

(2.) The averments made in the petition may be, briefly, noticed. It is stated that Major Singh and Banta Singh, petitioners Nos. 1 and 2 purchased agricultural land from one Gurdit Singh, son of Hukam Singh deceased, resident of village Poonian, Tehsil Nakodar, District Jullundur, by means of two separate Sale Deeds, dated August 8, 1979 and August 9, 1979, for a consideration of Rs. 7,000/- each. Each of the two petitioners aforesaid had purchased 5 Kanals and 17 Marlas, i.e. 1/2 share of the total land measuring 11 Kanals and 14 Marlas, particulars whereof have been mentioned. Faqir Singh Lambardar petitioner No. 3 and Jit Singh petitioner No. 6 identified the vendor Gurnam Singh and the Sale Deeds were registered by the Sub-Registrar, on August 10, 1979. The petitioner-vendees took possession of the land purchased by them by means of the two Sale Deeds. The mutations in respect of the two sales were also sanctioned in favour of the said petitioners Nos. 1 and 2, by the Revenue Officer vide Mutation Nos. 2444 and 2445, dated September 19, 1979.

(3.) It transpires that Gurnam Singh vendor expired on September 11, 1979. Thereafter, the legal heirs of Gurnam Singh i.e. his sons and a daughter, namely, Teja Singh, Ranbir Singh, Avtar Singh (minor), Nirmal Singh (minor) and Surinder Kaur (minor) along with Surjit Kaur widow, filed a civil suit in the Court of Subordinate Judge, First Class, Nakodar, against petitioners Nos. 1 and 2, for a declaration that the two petitioners had no right, title or concern with the land in question and that on the date when the Sale Deeds were registered, i.e. August 10, 1979, Gurnam Singh vendor was not alive, as he had expired on August 6, 1979. The suit was contested by petitioners Nos. 1 and 2 and the Court trying the same, framed a number of issues to cover the points in controversy. The two crucial Issues are as follows : (vi) Whether the said Gurnam Singh expired on 6-3-1979? OPP (vii) Whether the said Gurnam Singh executed the sale deed dated 8-8-79 and 9-8-79? If so, its effect? OPD