USHA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has preferred this petition against the judgment and order passed by the learned Sessions Judge, Solan affirming the order passed by the Sub Divisional Magistrate in case No.412/4 of 2007 on 30.6.2009 in proceedings under Sections 107, 150 and 145 of the Code of Criminal Procedure directing the complainant, respondent herein, to be put in possession of the disputed double storeyed house in portion of Khasra No.451/4 in village Koron, Tehsil and District Solan with the further direction to the Tehsildar, Solan and SHO, Dharampur for implementing the order.

(2.) Brief facts as noticed by the Sub Divisional Collector are that proceedings under Sections 107, 145, 150 Cr.P.C. were initiated on the basis of a complaint filed by Shri Inderjit Singh Bhopa Rai, (hereinafter referred to as the ˜complainant) which was instituted before the Superintendent of Police, Solan, and sent to the SHO, Dharampur who after inquiry prepared a report under Sections 107, 145, 150 Cr.P.C. and sent to the Court of the Sub Divisional Magistrate for trial.

(3.) The allegations were that the complainant had purchased land measuring 5 -7 Bighas in the year 1999 from Smt.Usha Devi (hereinafter referred to as the ˜petitioner) and her brothers, sister and mother for which sale deed was executed between seller, (complainant) and his sons S/Shri Jagdeep Singh and Anoop Singh on 9.2.1999. There is a double storeyed house existing on a part of this land in which the petitioner, her son Umesh Kumar alias Rinku and one Smt.Kaushlya Devi were residing. Later on she entered into an agreement to vacate and handover the possession of the house to the complainant for a sum of Rs.4,50,000/ - and the articles in the house were purported to have been sold for 17,700/ - rupees. The complainant urged that he had paid the entire amount by cheque dated 11.10.2007. The case pleaded is that after the petitioner delivered possession of the house to the complainant, she started residing on rent in the house of one Shri Raju. On 9.11.2007 when the complainant had gone to Chandigarh for solemnization of the marriage of his daughter, the servant of the complainant informed him that on 23.11.2007 the petitioner entered the house and started living therein after throwing out the belongings of the respondent herein. The matter was accordingly reported to the police with the report that there was apprehension of breach of peace.