NARAYANI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition under Section 482 Cr. P.C. is directed against the order dated 29th June, 1996 passed by Additional Sessions Judge No. 1, Sri Ganganagar (hereinafter referred to as the revisional court) whereby the revisional court allowed the revision petition filed by non-petitioner No. 2 Hanuman Prasad against the order dated 21st July, 1994 passed by Civil Judge (Junior Division) and Judicial Magistrate, Sri Ganganagar (hereinafter referred to as the trial court) whereby the trial court allowed the application filed by Petitioner Narayani Devi seeking restoration of possession of land in dispute.

(2.) Briefly stated facts to the extent they are relevant and necessary for the decision of this criminal miscellaneous petition are that Smt. Gayatri Devi, wife of non-petitioner No. 2 Hanuman Prasad filed an application against her husband non-petitioner No. 2 under Section 125 Cr. P.C. seeking maintenance. The trial court allowed the application for maintenance at the rate of Rs. 300/- per month in favour of Gayatri Devi. Non-petitioner No. 2 Hanuman Prasad failed to pay the maintenance and in order to execute the order of maintenance the trial court attached the land recorded in the name of Hiralal father of non-petitioner No. 2 Hanuman Prasad measuring 23 bighas. Hanuman Prasad denied title to the land in the said proceedings and came out with the case that the land sought to be attached was given to petitioner Narayani Devi by Hiralal for her maintenance soon after the allotment was made in favour of Hiralal and, therefore, it was stated that Narayani Devi is cultivating and in possession of the land by grant. Non-petitioner No. 2 denied the possession and title to the land in question. However, the land in question was attached by the order of the trial court and a receiver was appointed. Thus, the land in question came in custody of receiver. During the pendency of the application under Section 125 Cr. P.C., Smt. Gayatri Devi expired and the proceeding under Section 125 Cr. P.C. came to an end. The possession of land in question was sought to be restored to the person from whom the receiver took the possession. An application was filed by the petitioner before the trial court seeking direction to receiver Tahsildar Rawatsar to restore the possession of the land in her favour. Non-petitioner No. 2 Hanuman Prasad contested the said application. By impugned order dated 21st July, 1994, the trial court allowed the application filed by the petitioner and directed that the possession of the land attached shall be delivered to the petitioner.

(3.) Aggrieved by the order of the trial court non-petitioner No. 2 Hanuman Prasad filed a Criminal Revision Petition No. 36 of 1994 before the revisional court. By order impugned dated 29th June, 1996, the revisional court allowed the application filed by non-petitioner No. 2 and set aside the order of the trial court dated 21st July, 1994 and directed to handover the possession of the land in question to non-petitioner No. 2 Hanuman Prasad. Aggrieved by the order of the revisional court, the petitioner has filed the present criminal miscellaneous petition.