HARI SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is criminal misc. No. 5615-M of 1999 whereby Hari Singh and Mewa Singh-petitioners are claiming anticipatory bail in case FIR No. 3 dated 7.1.1999 registered under Section 420 of the Indian Penal Code at Police Station, Samrala.

(2.) The prosecution case in brief is that Hari Singh son of Santa Singh was owner of land measuring 16 kanals in khewat No. 202. Hari Singh assured Jagjiwan Singh son of Kirpal Singh that he is owner of the above said land measuring 16 kanals in Khewat No. 202. He entered into an agreement to sell that land to Jagjiwan Singh at the rate of Rs. 1,50,000/- per acre. Agreement was dated 17.5.1996. Hari Singh received Rs. 1,30,000/- cash as an advance. Hari Singh undertook to execute sale deed by 15.5.1997. On 13.5.1997, Hari Singh and his son Mewa Singh acting in pre-concert with each other received another Rs. 65,000/- from Jagjiwan Singh and extended the date of registration of sale deed to 14.10.1997. Lateron, it transpired that Hari Singh had entered into an agreement regarding killa No. 2 with Varinder Singh, Commission Agent. The grievance of Jagjiwan Singh is that the land measuring 16 kanals (killa No. 2) was also subject matter of an agreement to sell in favour of Varinder Singh and, therefore the same land could not have been agreed to be sold to him over again. His grievance is that he was denude of Rs. 1,95,000/- by fraud. His further grievance is that Hari Singh had already sold that land and he was no longer owner of this land.

(3.) Learned counsel for the petitioners submitted that no agreement to sell was executed in favour of Jagjiwan Singh who in fact is Artiya. Petitioners had been selling their produce to him and his father Kirpal Singh Khernia. Jagjiwan Singh's father got their signatures on blank papers in connection with the sale of their produce. Petitioners filed suit for injunction against Jagjiwan Singh in which Jagjiwan Singh made statement that he would not interfere with their possession. It was further submitted that Jagjiwan Singh had filed suit for specific performance against Hari Singh and Varinder Singh respecting the land measuring 16 kanals or in the alternative for the recovery of Rs. 1,95,000/- as earnest money and Rs. 89,213/- as interest calculated at the rate of 18% per annum.