TARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure complaining that the operative order of the Sub-Divisional Executive Magistrate, Thenesar, whereby the land, in dispute, lies attached and in possession of a Receiver, is nothing but an abuse of the process of Court, resulting in manifest injustice.

(2.) THE broad facts giving rise to his litigation are that there exists in village Nasi, Tehsil Thenesar, District Kurukshetra, a piece of agricultural land owned by the Punjab Wakf Board. The petitioner Tara Singh claims to be in possession thereof for many years, which is supportive from the revenue records. The respondent Surjit Singh, on the other hand claims that he is a lessee of the said land, had been paying its lease money and cultivating it through Tara singh petitioner who was his servant (Sanjhi). Thereupon, a dispute arose between the two. Tara Singh petitioner rushed to the civil Court to assert his possessory title and claimed an injunction and initially obtained an ex parte temporary injunction which was later confirmed in the presence of the parties. Surjit Singh respondent too rushed to the civil Court for a similar relief but he could obtain only an order of status quo regarding possession. The suits of both the parties were statedly pending in the civil Court.

(3.) THUS for the foregoing reasons, this petition is allowed and the order of attachment of property, in dispute, is vacated.