KRISHNA SUDAMA Vs. KASTURI LAL

JUDGEMENT

(1.) This is a revision petition against the order of Sessions Judge, Jammu dated 23- 4- 1982.

(2.) Heard learned counsel for the petitioner. It appears that the petitioner herein and the respondent have relations as tenant and landlord. The petitioner is a tenant He has filed a suit against the landlord in a civil court and obtained an order of status quo as be was being threatened eviction. Some four days after the order of the civil court, the landlord filed an application under section 142 Criminal Procedure Code and got the property in question attached as a result of which the tenant was turned out.

(3.) Mr. Daljit Singh has referred to a number of judgment and especially judgments referred to in 1970 J.K.L.R. 391 and 1982 (KU) 537, I have considered the submissions and I am of the view that whenever a civil suit is pending between the parties with regard to the properties criminal litigation with regard to the same property was uncalled for Criminal Courts should desist from taking any action in regard to any such criminal matter when a civil suit with regard to the same subject matter of the dispute is pending in a civil court. Accordingly I am of the view that the order passed by criminal court attaching property under section 145 Criminal Procedure Code was not proper and the eviction of the tenant from such property after attachment was not in accordance with law. Accordingly the order of learned Sessions Judge. Jammu dated 23-4-1982 and that of Munsiff Judicial Magistrate, Jammu dated 21-12-1981 are hereby set aside. The petitioner herein i.e. the tenant may approach the court i.e. Sub Registrar Munsiff, Jammu for further necessary orders in view of what has been stated above.