KASHMIR SINGH Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) DR . (Mrs.) The petitioner has filed this revision against the order of the Additional Sessions Judge, Faridkot, Annexure P-1, whereby he has set aside the order passed by the Sub-Divisional Magistrate, Malout, on June 30, 1993, Annexure P-3.

(2.) A short backdrop of the case is that SHO Police Station Sadar Malout sent a Kalendra to the SDM Muktsar under Section 145 of the Code of Criminal Procedure (in short, the Code) regarding the disputed land situate in village Sarawan. On receiving this Kalendra the SDM passed a preliminary order under section 145(1) of the Code and directed the parties to appear and to submit written statements of their respective claims in regard to the fact of actual possession of the disputed land. Thereafter vide order dated May 6, 1991, receiver was appointed under Section 146 of the Code. In the meantime, a petition under Section 482 of the Code was filed in this Court against the said proceedings. This Court only stayed the passing of the final order. Thereafter the proceedings were being conducted before the SDM. The petitioner also filed a civil suit for declaration praying that he be declared owner of the suit land and also pleaded that he is in possession of the suit land. During the pendency of this civil suit, status quo order was passed. This civil suit was decreed in favour of the petitioner on April 7, 1993.

(3.) THE petitioner filed copy of the judgment dated April 7, 1993, of the Civil Court before the SDM. At that time the respondents also filed few affidavits and alleged that they are in possession of the suit property. However, no evidence was adduced by either side to prove their possession before the SDM. The respondents also filed copy of the stay order granted by the District Court in appeal, which they filed against the judgment and decree passed by the Civil Court in favour of the petitioner.