KULWANT RAI HANDA Vs. LAKSHMAN SWAROOP SHARMA

JUDGEMENT

(1.) THE petitioner in the instant revision seeks to quash the order dated February 22, 2001 passed by the learned Additional District Judge No. 8 Jaipur City Jaipur confirming the order dated September 4, 2000 of the learned Additional Civil Judge (Junior Division) No. 2 Jaipur City in Execution No. 61 of 1996.

(2.) THE only contention advanced before me by Mr. R. P. Singh, learned counsel appearing for the petitioner is that the civil court had no jurisdiction to enter into the merits of a dispute settled under the Rajasthan Cooperative Societies Act, 1965 (in short 1965 Act), particularly in view of Section 137 of the 1965 Act which bars the jurisdiction of the civil courts in such matters. My attention was also drawn towards the provisions contained in Section 75 of 1965 Act. Under the impugned order the learned executing court directed that the possession of the plot be restored to the respondents and an enquiry under Section 340 Cr. P. C. be initiated against the petitioner. Aforequoted observations were made by the learned executing court after framing the following two questions: (1) Whether the plot in dispute was No. 56 and the petitioner had mis-stated the facts in execution showing it as 55a and thus took the possession? (2) Whether the respondents were entitled to take possession of Plot No. 56 from the petitioner? THE respondent Laxman Swaroop Sharma examined himself as P. W. 2, and produced Rishabh Chand Jain as PW. 1, Som Dutt Vyas as PW. 3 and Kanhaiya Lal as PW. 4 and exhibited as many as 162 documents. THE petitioner on the other hand examined himself as NAW 1, Onkar Singh NAW 2, Pappuram NAW 3, Gulab Chand NAW 4 and Mohan Lal NAW 5 and exhibited as many as 20 documents. THE matter was filed before the learned Executing Court on the basis of a certificate which was issued under Section 118 (1) of 1965 Act.