BABULAL Vs. JASWANT RAJ

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr. P.C. against the order of the learned Addl. Sessions Judge No. 2, Jodhpur dated 4-6-1980 where by he has maintained the order of the learned Sub-Divisional Magistrate, Jodhpur dated 25-3-1980 by which the attachment of the disputed shop was maintained and the parties were directed to get their respective rights decided by a competent court.

(2.) The facts necessary to be noticed for the disposal of this petition briefly stated are : that the petitioner Babulal purchased a shop situated in village Bisalpur for a sum of Rs. 6,000.00 from non-petitioner No. 1 Gokul Chandra by a registered sale deed dated 8-2-1980 in pursuance of an agreement to sell executed by Gokul Chandra in his favour on 1-8-1979. It is alleged that the possession of the shop was handed over to the petitioner an 8-2-1980. It is further alleged that in the night of 19-2-1980, the non-petitioners broke open the locks of the shop and dispossessed the petitioner. They also tried to be labour him but he ran away to save his life. The matter was immediately reported to the police but no action was taken and, therefore, on 20.2.1980, a complaint was filed under Sec. 145 Cr. P.C. before the learned S.D.M., Jodhpur, who while drawing the preliminary order on 20.2.1980, held that there is likelihood of the breach of the peace regarding the suit shop and, therefore, he ordered for the attachment of the shop and appointed S.H.O. Dangiabas as a receiver of the suit shop and issued notices to the non-applicants to put up their claims. The application of the applicant was supported by his own affidavit along with an affidavit of Hardan. The non-applicant filed their claims on 29.2.1980 alongwith certain affidavits. The case was then listed for arguments on 12.3.1980. However, the order for the attachment of the suit shop was passed on 25.3.1980. Against this, a revision was filed before the learned Addl. Sessions Judge No. 2, Jodhpur, who by the impugned order dismissed the revision petition.

(3.) I have heard Mr. N. M. Lodha, learned counsel for the petitioner and Mr. B. Advani, learned counsel for the non-petitioners. I have carefully gone through the record of the case.