GOVERDHAN LAL Vs. STATE

JUDGEMENT

(1.) The petitioner is a deed-wri-ter. He has filed the present petition under Art. 227 of the Constitution of India praying for expunction of adverse remarks made against him in paragraphs 8, 9 and 10 of the judgment dated 2/02/1978 passed by the District Judge, Hamirpur, in Civil Appeal No. 64 of 1975 titled Khushal Chand and Fithu v. Smt. Hakam Devi.

(2.) The appeal was against the judgment dated 2/05/1978 of Senior Sub-Judge, Hamirpur whereby the suit filed by Smt. Hakam Devi was decreed in her favour for possession of the property in dispute - land measuring 30 kanals 14 Marlas and a house. The allegations of Smt. Hakam Devi which were found correct by the trial Court as well as by the first appellate Court were that she was owner in possession of the property in dispute and defendant Fithu in connivance with defendant Khushal Chand obtained her general power of attorney by fraud and misrepresentation and thereafter sold her property in dispute to defendant Khushal Chand by registered sale-deed. Receipt of sale consideration was also got thumb marked from her by playing fraud and misrepresen-tation. All the three documents, the general power of attorney, the sale deed and the receipt were scribed by the petitioner.

(3.) Against the adverse remarks made in the judgment dated 2/02/1978, the petitioner had earlier filed C.M.P. (M) No. 4 of 1978 seeking similar relief but it was dismissed on 9/08/1985 as not main-tainable on the ground that the parties to the appeal were not impleaded in the petition. Feeling aggrieved by the judgment of the High Court, the petitioner filed S.L.P. (C) No. 16164/1985 in the Supreme Court which was also dismissed on 10/03/1986 by the following order :-