BABU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) In order to appreciate the controversy, few facts may be noticed:

(2.) One Lachhmi Nand was the owner of the property, subject matter of dispute. According to the petitioner, Babu Lal, part of this property was gifted to his son in March, 2001 and the remaining part was bequeathed by Lachhmi Nand in his favour. Lachhmi Nand expired in July, 2001. The mutation of the property of Lachhmi Nand was attested in favour of the petitioner. On 16th of August, 2001, respondent No.4 Piare Lal laid a suit before the Sub Judge, Bilaspur for declaration that he is owner in possession of the property in dispute of Lachhmi Nand by adverse possession. Petitioner Babu Lal filed two complaints with the Police at Bilaspur, one dated 3rd September, 2001 and another dated 24th September, 2001 complaining that Piare Lal along with three other respondents No. 4 to 7 in the petition entered his courtyard, started abusing him and his family members, when the complaint protested, they started beating him. Respondent No. 4 was armed with knife and claimed that the land in question did not belong to the father of the petitioner. He also threatened the complainant to kill him.

(3.) Police, after inquiry, filed a complaint under sections 107, 150 and 145 of the Code of Criminal Procedure before the Sub Divisional Magistrate, Bilaspur against respondents No. 4 to 7. This complaint was filed on 30th of September, 2001. The Police on enquiry found that the respondents had no proof of their possession of the suit property and they wanted to grab the property, in question, which is in possession of the petitioner. On 6th of November of 2001, the notices wee directed to be issued to respondents No. 4 to 7.