SWARAN SINGH Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is filed to direct the respondents Nos. 1 and 2 to register a case against respondents Nos. 3 to 6. According to the petitioner, he and respondents Nos. 4 and 6 are co-sharers in the land situated in village Matiana. According to him, the respondent are having 1/3rd share in the land and one Joginder Singh executed a will in favour of the petitioner bequeathing 1/3rd of the property to which he is entitled. According to the petitioner, respondents No. 3 to 6 forcibly cut crop and, therefore, they committed trespass and theft of the crop. He is therefore seeking registration of the case against respondents Nos. 3 to 6 for the offences of trespass and theft.

(2.) ADMITTEDLY , the property is joint property. Even according to the petitioner he is co-sharer along with respondents Nos. 3 to 6. It cannot be disputed that every co-sharer is entitled to an interest in every inch of the land. Reference may be made to the recent decision of the Supreme Court in Kochkunju Nair v. Koshy Alexander and others, 1999(III) SLT 183 wherein it has been held as follows :-