GURDIAL SINGH MANN Vs. DHARAMPAL SINGH MANN

JUDGEMENT

(1.) This order will dispose of Criminal Misc. No. 3010-M of 1989 and Criminal Misc. No. 3155 of 1989 as common questions of facts and law, are, involved in both these petitions. Connected Criminal Misc. No. 3156 of 1989 shall also be disposed of by this order.

(2.) This petition under Section 482 of the Code of Criminal Procedure relates to quashment of the order passed by the Sessions Judge, Patiala, dated 11th of April, 1989, Annexure-P-2 and for restoration of the order of the Sub-Divisional Magistrate, Fatehgarh Sahib, dated 5th of April, 1989, Annexure P-2, whereby, the learned Sub-Divisional Magistrate on the basis of apprehension of breach of peace between the parties ordered attachment of the land-in-dispute till the rights of the parties were determined by a competent Court with regard to person entitled to possession of the land and further appointed Receiver in respect of the land in dispute. Both the parties were directed to get the matter decided in the civil court where suit for permanent injunction with regard to possession of the land in dispute was still pending.

(3.) In brief facts relevant for the disposal of this case are that respondent No. 1 entered into agreement to sell with the petitioner (his brother) on 4th of June, 1987, with respect to the land measuring 23 acres 4 kanals and 2 marlas, situated in village Khanpur, tahsil Sirhind, at the rate of Rs. 60,000/- per acre. The petitioner received Rs. 3,50,000/- as earnest money. The sale deed was to be executed registered up to 31-7-1987. The sale deed could not be executed, even, though time for its execution was extended thrice. Suit of specific performance of the agreement to sell and permanent injunction was filed in the year 1988 against the petitioner by respondent No. 1 for execution of the sale deed in pursuance of the aforesaid agreement to sell. According to the petitioner, respondent No. 1 never entered into possession of the land-in-dispute and that respondent No. 1 along with other persons in the garb of the agreement to sell wanted to take forcible possession of the land-in-dispute on 23rd of November, 1988. Respondent No. 1 also fired from his pistol at Ajaib Singh, petitioner, who was sowing wheat at that time. Cross-hurt cases were registered in respect of the said incident, proceedings under Section 145 of the Code of Criminal Procedure (herein after referred to as 'the Code') were then intiated and attachment of the land in dispute was ordered. Tehsildar, Fatehgarh Sahib, was appointed as Receiver who took possession of the land in dispute on 7th of April, 1989. On revision filed by respondent No. 1, Sessions Judge, Patiala, vide impugned order dated 11th of April, 1989, stayed the order of the Sub-Divisional Magistrate concerning appointment of receiver and also directed that further proceedings before the Receiver were to be kept in abeyance. Clarification was sought by both, the Receiver as well as by present respondent No. 1 as to what was to be done with the standing rabi crop which was ripe for harvesting. The Session Judge, Patiala, by his order dated 21st of April, 1989, Annexure-P-3, directed Dharampal Singh Mann, respondent No. 2, to furnish security to the satisfaction of Sub-Divisional Magistrate, Fatehgarh Sahib, to cover possible price of standing crops before he could harvest the same, and, Receiver was directed to proceed with the case till further orders.