ARJUN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ARJUN Singh through present petition filed by him under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, takes strong exception to the order dated 12th August, 1992 (Annexure P-3) passed by Executive Magistrate, Narnaul. The said order reads as under :-

(2.) THE brief facts culminating into this petition need necessary mention. One Murli Dhar was the owner of land measuring 40 Kanals 8 Marlas situated in village Khod, Tehsil Narnaul, District Mahendergarh. Murli Dhar had four sons, namely, Amin Lal, Kundan, Lila Ram and Arjun Singh. Ram Bilas is son of Lila Ram. Earlier in point of time, Murli Dhar by a consent decree transferred the entire land referred to above in favour of his grand son Ram Bilas. It appears, he realised his mistake of divesting his three sons who had to succeed to his estate after his death. Therefore, on 9th December, 1987 he further consented to the suit instituted by his son Kundan and his daughter Smt. Giarsi. It appears the other sons as also, of course, Ram Bilas were arrayed as respondents to the said suit. Murli Dhar, as referred to above, consented to a decree whereby the land was to stand, transferred in the name of all his sons and daughter in equal shares. When the aforesaid decree against the interests of Ram Bilas came to be passed, he (Ram Bilas) filed another suit in 1988. Obviously, in the said suit, the decree consented by Murli Dhar in favour of all his sons and daughter was challenged. During the pendency of the suit aforesaid he filed an application for appointment of a Receiver. The Civil Court declined his aforesaid prayer on 20th April, 1992 (Annexure P-2). The petitioner herein under a wrong legal advice carried an appeal against the order aforesaid which came to be dismissed on 2.9.1992 being not maintainable. It is in these circumstances that the petitioner has challenged the order of Executive Magistrate reproduced above.

(3.) FINDING merit in this petition, proceedings before the Executive Magistrate under Section 145 of the Code of Civil Procedure as also the order dated 12th August, 1992 are quashed. Petition is allowed accordingly.