KRISHAN CHAND Vs. SADHU

JUDGEMENT

(1.) RISALA (now deceased) owned about 51 -1/2 Killas of land in villages Kaimla and Harsinghpura, tehsil and district Karnal. He died in November, 1979. On 24th January 1970 Risala suffered a decree in favour of his wife Jiwani (now petitioner) to the extent of half of his land. Krishan Chand and Prem Chand, petitioners, are sons of Prithi Singh brother of Jiwani. In April, 1976, Risala and Jiwani suffered decrees with respect to their land in favour of Krishan Chand and Prem Chand. After the passing of the decrees in favour of Krishan Chand and Prem Chand and during the life time of Risala, Chhaju father of Sadhu, Om Parkash and Indra, respondents, filed a declaratory suit assailing the decrees passed in favour of the petitioners in 1970 and 1975. The suit was withdrawn by Chhaju as he did not happen to be the 5th degree collateral of Risala. After the death of Risala, Lachhmi respondent filed a suit alleging that she was co -widow of Risal and that she was entitled to half of his property. Lachhmi also assailed that the decrees passed in favour of Jiwani and her nephews. Her suit was dismissed. She has filed an appeal which is stated to be pending.

(2.) SADHU , Om Parkash and Indra respondents filed a suit for declaration in 1984, that they are in possession of the land of Risala as his heirs. In that suit they prayed for interim order and the trial Court directed that status quo about possession be maintained. This suit has been filed against the petitioner and it is still pending.

(3.) IN April, 1984, Sadhu, Om Parkash and Indra respondents filed an application against the petitioners and Lachhmi respondent praying that proceedings under section 145 of the Code of Criminal Procedure be initiated and they be declared to be in possession of the land in dispute. They alleged that they are in possession of the land and Krishan Chand and Prem Chand petitioners have wrongly managed to get entries made in their names in the Girdawaries on the basis of the mutation sanctioned in their favour on the basis of civil Court decrees. They also stated that they have approached the competent authorities for the correction of the Khasra Girdawaris. The Sub Divisional Magistrate sent for the report of the Police who reported on 1st July, 1984 that Om Parkash and Sadhu respondents are desirous of taking possession of the land in dispute. The Sub -Divisional Magistrate passed the two impugned orders P3 and P4 under Sections 145 and 146 of the Code respectively. The petitioners have filed the present petition under section 482 of the Code, praying that the impugned orders, Annexures P.3 and P.4 be quashed.