DEVI RAM Vs. MAHA RAM

JUDGEMENT

(1.) - Maha Ram accused had executed a sale deed on 10th July, 1990 in favour of petitioners regarding plot No. 7 falling in Khasra No. 906 and 907. The sale deed was for plot measuring 140 square yards. Later it dawned upon the petitioners complainant that actual area was 120 square yards.

(2.) THEY had filed a civil suit, in which prayer was made that deficient area be made good by Maha Ram, seller of the land. Counsel for the petitioners is unable to state the date as to when the civil suit was filed. Counsel has, however, submitted that the Local Commissioner visited the spot and physical measurement of the plot was done on 24th July, 2006. It is stated that accused Maha Ram had also filed a civil suit on 4th October, 2002. Maha Ram had filed a criminal complaint in the Court that mutation No. 2985 sanctioned on 4th August, 1990 was a forged entry as it was mentioned in the entry that Maha Ram had undertaken to make the deficiency of land good. In the complaint so filed by Maha Ram, petitioners have been summoned as accused.

(3.) AGGRIEVED against the summoning order, Maha Ram had filed a revision petition. The revision petition has been decided by the Court of Additional Sessions Judge, Gurgaon, who has held that once the party had approached the Civil Court and there is deficiency in the area in actual possession of the petitioners than the one specified in the sale deed, no criminal offence is made out.