BHIM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this Criminal Miscellaneous Petition aggrieved by order dtd. 29/9/2021 passed by learned Additional District and Sessions Judge, Chirawa, District Jhunjhunu, whereby Criminal Revision Petition filed by the petitioner was rejected and the order dtd. 9/6/2021 passed by Sub Divisional Magistrate, Chirawa, District Jhunjhunu in Criminal Case No.01/2021, was affirmed.

(2.) It is contended by counsel for the petitioner that petitioner vide agreement to sale dtd. 10/3/1991 purchased the disputed plot from Harlal and was in possession since then. It is also contended that in all the sale deeds of neighbouring plots, plot of petitioner is shown. It is further contended that in the year 2015, Butiram filed a suit and a Commissioner was appointed by the Court. As per the Commissioner's report, petitioner was in possession of the disputed plot. It is also contended that petitioner filed a suit for specific performance but the same was dismissed and an appeal against the dismissal order is pending before the Court.

(3.) It is further contended that Respondent No.2 purchased the disputed plot vide registered sale deed dtd. 5/11/2020 from Butiram. In the sale deed itself, it is mentioned that there is no construction on the plot. It is contended that Respondent No.2 filed a Civil Suit for injunction and a status quo order was passed by the Court restraining the parties from raising any construction on the disputed property.