BRIJ RATAN MOHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed jointly by Brij Ratan Mohta and Bajrang Lal Lakhotia against the order dated 18-1-2002 passed by the Additional District Magistrate (City), Bikaner, whereby, it has been ordered that the property in dispute shall stand attached and shall remain in possession of the S.H.O. Police Station, Kot-Gate, Bikaner as a Receiver.

(2.) The facts leading to this revision, in brief, are that the respondent No. 3 Prakash Kumar Mohta s/o Shree Ratan Mohta on 14-12-2001 moved an application under S. 145, Cr. P.C. in the said Court against the two petitioners and two more namely; Asu Ram and Gora Ram.

(3.) It was alleged in the application that the respondent No. 3 Prakash Kumar Mohta and his uncle Brij Ratan Mohta (petitioner) both reside at Kolkata and their ancestral 'Undivided' property known as 'Mohta Palace' is situate on Hospital Road, Bikaner as described in Para 2 of the application. According to Prakash Kumar Mohta, the said property belonged to his grant-father Radha Kishan Mohta, who had two sons namely; Brij Ratan Mohta (petitioner No. 1) and Shree Ratan Mohta (father of Prakash Kumar Mohta). After the death of Radha Kishan Mohta, his said two sons became joint owners of the property and two rooms on the ground floor and a portion known as 'Aashram' on the first floor, were in possession of Shree Ratan Mohta who died on 5-2-2000 and thereafter the said rooms and 'Aashram' remained in possession of Prakash Kumar Mohta. It was further stated that on 13-12-2001, Prakash Kumar Mohta returned from Kolkata and went to 'Mohta Palace' along with Shree Kishan Sarda and Banwari Lal Bagadia. He was prevented from entering the building by the petitioner No. 2 Bajrang Lal Lakhotia, Bajrang Lal Lakhotia told them that he has instructions from the petitioner No. 1 Brij Ratan Mohta not to allow any body in the building and Bajrang Lal Lakhotia called Asu Ram, Gora Ram and two more persons, who were weilding lathies, Prakash Kumar Mohta retreated and lodged an FIR No. 406/2001 under Ss. 341, 504, 506, 147 and 352 of the Indian Penal Code against Bajrang Lal Lakhotia and four unknown persons. It was further mentioned in the report that Prakash Kumar Mohta's locks were removed some 15 days prior to the incident and the rooms were locked by Bajrang Lal Lakhotia (petitioner No. 2) on behalf of the petitioner Brij Ratan Mohta. It was further mentioned that after lodging of the said FIR, Prakash Kumar Mohta with the help of the police, was able to put his own locks apart from the locks put up by Gajrang Lal Lakhotia (petitioner No. 2). A prayer was made to the effect that a declaration may be made to the effect that the disputed property belongs to Prakash Kumar Mohta (respondent No. 3) and the locks installed by Bajrang Lal Lakhotia may be ordered to be removed.