NIRANJAN SINGH SUNDER SINGH Vs. KASTURI LAL

JUDGEMENT

(1.) THIS is a recommendation by the Additional Sessions Judge, Ludhiana, to the effect that the order of the Executive Magistrate, 1st Class, Ludhiana, passed on 27th July, 1968, under Section 145 (6), Criminal P. C. , be set aside and the case sent back to him or to any other Magistrate for fresh hearing and disposal of the issues arising between the parties.

(2.) KASTURI Lal and others described as parties 3 and 4 (hereinafter called purchasers) are alleged to have purchased 65 killas of land from one Bhim sain son of Bodh Raj, situate in village Kaneja, Tahsil and District Ludhiana, by a registered sale-deed, a mutation in pursuance of which is supposed to have been sanctioned in their favour on 1st April, 1968. It is a common ground between the parties that Niranjan Singh and others described as parties 1 and 2 (hereinafter called tenants) were in cultivating possession of the land. It is alleged that the purchasers paid a sum of Rs. 20,000/-to Niranjan Singh, the main tenant, on 9th April, 1968, as compensation for the standing crops in a area of about 53 killas of land in order to obtain possession thereof. Niranjan Singh, according to the purchasers, executed a receipt, swore an affidavit to that effect before the Magistrate 2nd Class Phillaur, and voluntarily delivered possession to the purchasers. Niranjan Singh and his party claimed that they never received Rs. 20,000/-as compensation for the standing crops, nor was any receipt or affidavit executed by the said Niranjan Singh. The local police, apprehending that a dispute concerned the land between the parties was likely to cause a breach of peach, submitted a report under S. 145, Criminal P. C. , to the Magistrate concerned. The Magistrate issued a preliminary order on 18th April, 1968, requiring the parties to put in. , before 26th April, 1968, written statements of their respective claims as regards the factrum of actual physical possession of the subject-matter of the dispute and also such documents or affidavits on which they intended to reply.

(3.) NIRANJAN Singh and his party (tenants) filed several affidavits, a copy of the report f the Kanungo regarding certain Nishandehi, a copy of the order passed on 30th April, 1968, by a Civil Court, and some Khasra Girdawaris from Kharif 1963 to Rabi 1968. Similarly the purchasers produced affidavits and also a photostat copy of the receipt dated 9th April, 1968, which was said to have been executed by Niranjan Singh after having received a sum of Rs. 20,000/-as compensation for the standing crops and as a consequence whereof he delivered possession of the land voluntarily. A copy of the order passed by the Additional District Judge, Ludhiana, on 22nd June, 1968, and a copy of the Nishandehi dated 15th April, 1968 by Tahsildar, Ludhiana, in order to show that possession had actually been taken by them in pursuance of the agreement as contained in the receipt and the affidavit, were also filed by the purchasers. There is also a copy of the Roznamcha dated 10th April, 1968, and a report of the Tahsildar, Ludhiana, dated 22nd May, 1968, produced by the purchasers in support of their claim.