RAM KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DES Raj owner of 18 Kanals 17 Marlas of land comprised in Khasra Nos. 100/1, 11/31 (3-16), 101115 (8-0) and 95-7/2 (3-17) and 95/26 (3-4) situated in village Duan Kalan tehsil and district. Patiala died on September 4, 1982. After his death both petitioner as also respondent No. 2 set up rival Wills allegedly executed by the deceased in his favour to the exclusion of the other. Registered Will set up by respondent No. 2 is dated May 25, 1981 while the one set up by the petitioner is dated July 4, 1982. On the basis of registered Will dated May 25, 1981 mutation of entire estate left by Des Raj deceased was attested in favour of respondent No. 2 by the revenue authorities on May 25, 1983. Appeal filed by the petitioner against the attestation of this mutation was dismissed by the Collector, Patiala, on October 28, 1983.

(2.) PRESENT petitioner, alleging himself to be in possession of 7 Kanals 1 Marlas out of the disputed land, comprised in Khasra No. 7/2 (3-17) and 26 (3-4) of rectangle No. 35 filed against respondent No. 2 on November 8, 1983 a civil suit for permanent injunction restraining him for dispossessing the petitioner of it and in respect of the remaining I I Kanals 16 Marlas of land asked for a declaration of title, both on the basis of inheritance as 6th degree collateral as also Will dated July 4, 1982 and consequential relief by way of permanent injunction restraining respondent No. 2 from alienating it during the pendency of the suit. Ex-parte ad interim injunction was granted to the petitioner on November 10, 1983 and confirmed on September 19, 1984. The civil suit is, however, still pending.

(3.) IN the background aforesaid ASI Ajmer Singh of Police Station Sadar Patiala, reported to the learned Executive Magistrate on August 17, 1937 that there was a dispute regarding possession over the land in dispute between the two parties who were determined to enter into actual physical possession thereof, by force and, therefore action under section 145 Cr.P.C. may be initiated in respect of it and till decision in the matter is reached, orders may be issued to appoint a receiver. Learned Executive Magistrate took cognizance of the matter on July 27, 1987 and made the order Annexure P. 3 on September 28, 1987, attaching the land in dispute and appointed Naib Tehsildar, Patiala as Receiver in terms of section 146 Cr.PC. Revision filed by the petitioner against the order of attachment and appointment of Receiver dated September 28, 1987 was dismissed by the learned Additional District Judge, Patiala, on May 20, 1988. Hence Criminal Misc. No. 3498-M or 1988 in this Court for quashing the orders dated July 27, 1987, September 28, 1987 of learned Executive Magistrate and impugned order dated May 20, 1988 of the learned Additional Session Judge.