SIHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Second respondent-Ajmer Singh gave a complaint to S.H.O. Police Station, Raipur Rani against Mihan Singh and Sihan Singh sons of Kehar Singh of Village Hangoli alleging that they wanted to take forcible possession of the cultivable lands of his (Ajmer Singh's) which are in their possession since the time of their ancestors. Ajmer Singh further alleged that they had come with the tractor and oxen and started attacking him to take his life, when he started preventing. Ajmer Singh further alleged that by running away, himself and his sons saved their lives, as otherwise they would have killed them.

(2.) Petitioner-Sihan Singh son of Kehar Singh had also given a complaint to the same S.H.O. alleging that he is the owner of 12 acres of land in Village Hangoli, given to him by the Government, and that Ajmer Singh (second respondent herein), his son-Kala and wife-Shanti Devi are trying to take possession of the land and are giving threats to kill him.

(3.) The S.I./S.H.O., Police Station Raipur Rani, therefore, presented the Kalendra under S. 145, Cr. P.C. before the Sub-Divisional Magistrate, Panchkula reproducing the respective complaints given by the parties and also alleging that he went to the village, verified and separately prepared a Kalendra under Ss. 107/151, Cri. P.C. against both the parties, submitted it in the Court of the Sub-Divisional Magistrate, Panchkula and that both the parties are on bail. The S.H.O. further alleged that Ajmer Singh and Kehar Singh are having disputes regarding 102 Kanals 7 Marlas of land and the land as detailed in the Kalendra is standing in the names of Kehar Singh and Ajmer Singh sons of Sunder Singh as per girdawari. The S.H.O. also alleged that both the parties are having dispute with regard to these lands for the last many days, requested the initiation of the proceedings under Ss. 145 and 146, Cr. P.C. and the appointment of a Receiver so that no serious offence takes place with regard to these lands. Copy of the Kalendra is Annexure P-1 and is dated 8-7-1990 (mistake for 1996).