GAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition under Section 482 Cr. P.C. arises out of a judgment dated 23-4-1986 passed in Cr. Revision No. 19/86 by the learned Additional Sessions Judge, Bali by means of which the learned Additional Sessions Judge has reversed the order dated 15-1-85 passed by Sub-Divisional Magistrate, Bali in a proceedings under Section 145 Cr. P.C. in case No. 23/83.

(2.) The facts of the case which are borne out from the perusal of record that on 8-11-82 one Megh Singh s/o Shri Hari Ramji Rawana Rajput of Sanderao executed an agreement to sale in favour of petitioner Gajendra Singh for sale of lands measuring 40 1/2 bighas in Khasra Nos. 909, 910 and 911 Dhibi Bera and 48 bighas of and comprised in Khasra Nos. 892, 913 and 914 Bera Sajnavi for a sum of Rs. 70,000/- out of which he paid Rs. 40,000.00 on the date of agreement and rest of Rs. 30,000.00 were agreed to be paid within three years @ Rs. 10,000.00 per year. There is recital in the agreement dated 8-11-82 that the possession about the disputed land has been delivered to Shri Gajendra Singh on the date of execution of agreement along with structures standing thereon. It is further alleged that on 11-5-83 the petitioner applied for electric connection and the amount of demand not issued by RSEB for old bills and reconnection charges etc. were paid by Gajendra Singh on 16-9-83. Gajendra Singh has also alleged to have shown Gwar Crop in June-July, 1983. The Bigodi (land revenue) in respect of the disputed lands was alleged to have been deposited by Gajendra Singh on 3-8-83.

(3.) During the pendency of the present proceedings Shri Gajendra Singh expired and in his place his heirs and legal representatives, petitioner Nos. 1 to 8, were substituted as contemplated u/S. 145 Cr. P.C.