LAKHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition arises out of dispute over the landed property. Proceedings under Section 145 Cr.P.C. were initiated on the basis of report dated 24.9.1996 submitted by the Station House Officer, Police Station Lopoke (Annexure P1). On the basis of that, the Sub Divisional Magistrate, Ajnala, District Amritsar passed an order on 24.9.1996 itself, and decided to proceed under Section 145 Cr.P.C. Thereafter, by another order dated 15.11.1996, he made overall property to the receiver under Section 146 Cr.P.C. Aggrieved by these orders, present (petition) is filed.

(2.) THE land in dispute originally belonged to one Mukhtiar Singh who had shifted in Malaysia and was staying there. His daughter Amrit Kaur is staying in India. She is the wife of Gurnam Singh, who is one of the parties in the litigation under Section 145 Cr.P.C. Mukhtiar Singh is said to have executed a general power of attorney in favour of his daughter Amrit Kaur, copy of that power of attorney is Annexure P.2. A bare perusal of that general power of attorney indicates that Mukhtiar Singh has authorised his daughter Amrit Kaur to mortgage, sell, gift, lease, exchange etc. and execute any document on his behalf in respect of his land and house situated at village Kakkar, Tehsil Ajnala Distt., Amritsar. The contents of the rest of the general power of attorney are not presently in dispute here.

(3.) PAPERS before me indicate that meanwhile by an agreement dated 25.4.1990 (Annexure P-3) the said Amrik Kaur, who was the general power of attorney holder of Mukhtiar Singh, sold land in dispute to one Lakhmir Singh (present petitioner). In that agreement it was mentioned that possession of the land in dispute would be delivered to Lakhmir Singh on 15.5.1993. It is contended that pursuant to that, the said Lakhmir Singh (petitioner) got the possession of the disputed property.