ANIL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under sec. 482 Cr.P.C. has been filed for quashing the order dated 3.9.2004 passed by the Sub -Divisional Magistrate, Sadar, Ara in Case No. 154 of 2004 as well as its revisional order dated 30th December, 2004 passed by Shri Arun Kumar Singh, Fast Track Court No. V, Ara in Cr. Revision No. 171 of 2004 as also subsequent orders passed by S.D.M., Bhojpur, Ara in the above case including order dated 25.2.2005 with further prayer to restore status quo ante over the shop in question.

(2.) IN a proceeding under sec. 144 Cr.P.C. the learned S.D.M. not only made rule absolute against the petitioners but also ordered for delivery of possession to the opposite party nos. 4 to 8 who were second party in the proceeding.

(3.) THE disputed property was a shop standing over 6 Dhur 18 Dhurki of land bearing Plot No. 102 under Khata No. 27 situated in village Gheghta P.S. Ara Mufassil, District Bhojpur. The same was let out by the opposite party no. 9 Shiv Shankar Sah in favour of the petitioners on 15.7.1999 on monthly rental of Rs. 340/ -. The Kirayanama was also executed in favour of the petitioners. Thereafter the petitioners started their business. Ultimately, on 19.10.2002, opposite party no. 9 Shiv Shankar Sah agreed to sell the disputed premises to the petitioners for Rs. 1,15,000/ -after adjusting the advance of Rs.91,000/ -paid to him and Yaddasht was also prepared in token of the agreement. According to terms the sale was to be effected by the month of December, 2004. However, in the meantime, Shiv Shankar Sah in breach of the term of the agreement sold the disputed premises to opposite party nos. 4 to 8. Thereafter, the petitioners filed a title suit bearing no. 245 of 2004 in the Court of Sub -Judge -I, Ara for specific performance of contract for sale.