BALKISHAN Vs. KHAZANA RAM

JUDGEMENT

(1.) This is a petition under S.482, Code of Criminal Procedure, seeking relief of quashing of orders dated 26th July, 1986 (Annexure-P-3) and 30th July, 1986 (Annexure-P-4) passed by the Sub-Divisional Magistrate, Safidon, initiating proceedings under S.145, Code of Criminal Procedure, and attaching the land in dispute putting it in possession of the receiver.

(2.) The patent facts are that the petitioners entered into an agreement with Ram Dhari alias Dhari for purchase of the disputed agricultural land for a sum of Rs. 28,000/-. Ram Dhari happens to be the brother of Khazana Ram respondent No. 1. It appears that Ram Dhari and his brother Khazana Ram connived with each other in order to get out of the aforesaid agreement. Designedly, Khazana Ram filed a collusive suit against Ram Dhari which was decreed on 17th July, 1980, conceding title of the land in favour of Khazana Ram. Close to its heels, Khazana Ram on 11-12-1980 mortgaged with possession the land vide registered deed in favour of Mangat Ram and Jeewan Ram sons of Net Ram.

(3.) The petitioners then filed a suit for specific performance on the basis of the agreement dated 11-7-1980. Simultaneously, they also prayed for the, relief of declaring the collusive decree dated 17-7-1980 between Khazana Ram and Ram Dhari to be null and void as also further mortgage deed dated 11-12-1980 executed by Khazana Ram in favour of Mangat Ram and Jeewan Ram as null and void. Sequely, the relief sought was for execution and registration of the sale deed in their favour and possession of the land. The second relief sought was for injunction restraining the defendants from further alienating the said land. The defendants arrayed were none other than Ram Dhari, his brother Khazana Ram and the latter's inducted mortgagees Mangat Ram and, Jeewan Ram. The suit was decreed after context "on 1-9-1982 by Shri T.C. Gupta, Sub Judge Ist Class, Safidon, in Civil Suit No. 334 of 1981, copy of decree of which is appended as Annexure-P-1 with the petition. The mandate of the decree is as follows :