MAHARAJ KUMAR GAJBIR SINGH Vs. MAHARAJA SATBIR SINGH

JUDGEMENT

(1.) A reference was made by the Sub-Divisional Magistrate, Sangrur, to the Court of Senior Subordinate Judge, Sangrur, for a report under Section 146, Criminal procedure Code, with regard to a dispute as to possession of agricultural land known as Rajbir Farms, about which litigation was going on between the parties. It is not disputed that the properly involved in this reference is comprised of 2,467 kanals 12 marlas of agricultural land situated in Sangrur town, the market value of which is in the neighbourhood of Rs. 15,00,000. The yearly rent of the property auctioned by the Tehsildar was Rs. 70,000 in the year 1966-67. The amount already with the Tehsildar who is the Receiver of the property, is more than Hs. 100,000. A report which will be made by the Civil Court in the reference is likely to affect the rights of the parties at least to some extent in relation to some of the properties. The S. D. M. is going to be hound by the report in the Civil Court. Even if thirty times the land revenue is calculated for determination of pecuniary jurisdiction of a Court, it comes to Rs. 11,811 in this rase. There is no dispute that if it were a civil suit, the Court of Shri Prem Sagar Shanna, Subordinate Judge. Third Class, before whom the reference is pending, would have no jurisdiction to try it. The petitioners application tor transfer of the case from the said Court to the court of Subordinate Judge First Class, has been dismissed by Shri Pritam Singh Pettar District Judge, Sangrur, on two grounds, viz. ,--

(2.) AFTER considering all the circumstances of the case I direct that the reference pending in the Court of Shri Prem Sagar Sharma. Subordinate Judge, Third Class shall stand transferred to the Court of the Senior Subordinate Judge, Sangrur The learned counsel for the respondent apprehends further delay being caused in the disposal of the reference. To obviate such a possibility I direct that the parties shall appeal before the transferee Court on June 1, 1967, when the learned Senior subordinate Judge will fix a date for evidence of the parties and then proceed to dispose of the reference expeditiously. If possible, proceedings should be completed and the report sent by him to the Criminal Court within three months from June 1, 1967.