BHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner-Bhajan Singh son of Nirmal Singh was co-owner alongwith his brother, Jagdish Singh son of Nirmal Singh of 58 kanals of land situated in three villages i.e. Jhang, Jamalpur and Puro Chalk. In village Jhang, the land jointly owned was to the extent of 16 kanals, in village Jamalpur to the extent of another 16 kanals and in Puro Chalk to the extent of 26 kanals. Vide separate sale deeds dated 11.03.2013, respondent Nos.5 and 6 purchased the share of Jagdish Singh son of Nirmal Singh in all three villages. Respondent No.6-Kanchan wife of Kamal Dev purchased 7 kanals and 6 marlas in village Jhang and respondent No.5-Raj Rani wife of Prem Singh, purchased 8 kanals in village Jamalpur as well as 12 kanals and 12 marlas in village Puro Chalk. The sale deeds placed on record show that the sale was of shares and not of specific khasra number.

(2.) It appears that respondent Nos.5 and 6 sought partition of the joint land with the petitioner and other co-sharers. Soon after the purchase of land, the learned Assistant Collector First Grade, settled the mode of partition, vide separate orders dated 05.04.2016, in respect of each of the three villages. The petitioner challenged the same vide appeal, which was dismissed. His revision petition has however, been entertained by the Commissioner (Appeals), Jalandhar Division and stay of partition proceedings has been granted. It is also relevant to point out that it is recorded in the sale deeds that physical possession was handed over to the vendees on the date of the sale deed.

(3.) Thereafter, on the application of respondent No.4, the police prepared Kalandra dated 31.05.2017, under Section 145 Cr.P.C and submitted it in the Court of the Executive Magistrate. The petitioner filed his reply and vide order dated 25.09.2017, the learned Executive Magistrate ordered the attachment of the land in dispute under Section 146 Cr.P.C. and appointed a Receiver.