MANOHAR LAL Vs. JAWAHAR LAL

JUDGEMENT

(1.) THIS petition is directed against the revisional order of the learned Additional Sessions Judge, Raisinghnagar dated 5 -2 -1986 whereby he has ordered that petitioner Manoharlal will remain in possession of Killas Nos. 1, 2, 6, 7, 8, 9, 10, 12, 13, 14 and 15 of Khasra No. 27 (Old) and Khasra No. 15 (New) of Chak 4 M K.K. situated in Tehsil Raisingh Nagar and non -petitioner Om Prakash will remain in possession of Killas Nos. 11, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of Khasra No. 27 (Old) and Khasra No. 15 (New) of Chak 4 M. K. K. situated in Tehsil Raisingh Nagar and they will be free to cultivate and irrigate these Killas. It was further ordered that they will be free to sell the Killas to any one. This order was caused by the learned Additional Sessions Judge, Raisingh Nagar on the basis of the separate written agreement undertaking filed by both the parties.

(2.) THE facts necessary to be noticed for the disposal of this petition briefly stated are:that Shri Ramswaroop, who happens to be the father of the petitioner Manoharlal and non -petitioner Jawaharlal executed a Will on 4 -10 -1980 by which, Killas Nos. 1, 2, 6, 7, 8, 9, 10, 12, 13, 14 and 15 were given to the petitioner Manoharlal and Killas No. 11, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 were given to non -petitioner Jawaharlal. It is alleged that in the year 1983, he executed another Will and thereby, he gave Killas Nos. 1, 2, 3, 9, 10, 11; 12. 19, 20, 21, and 22 to petitioner Manohar lal and Killas Nos. 24, 25, 6, 13, 14, 15, 16, 17, 18, 7, and 8 were given to Jawaharlal. On the basis of this later Will, it is alleged that non -petitioner Jawaharlal got a mutation of these Killas recorded in his favour, which was objected by petitioner Manoharlal and he filed a suit in which an injunction was obtained. The matter went upto the Revenue Board but the injunction still remains in force in his favour.

(3.) IT is alleged that the parties were fighting about the possession of these Killas and, therefore, the SHO, Muklawa filed a complaint in the court of the learned Sub -Divisional Magistrate, Raisingh Nagar under Section 145 Cr. PC against petitioner Manoharlal and non -petitioners Jawaharlal and Omprakash on the ground that there is liklihood of the breach of peace in regard to the possession of this land in dispute between the parties and therefore, the disputed land be. attached and receiver be appointed. On the basis of this complaint, the learned Sub -Divisional Magistrate drew a preliminary order and ordered to attach the property. The SHO. P.S. Muklawa was appointed as receiver of this disputed land. Aggrieved against this order of the learned Sub -Divisional Magistrate, a revision petition was preferred before the learned Addl. Sessions Judge, Raisinghnagar, on 5 -2 -1988, an application was filed by petitioner Manoharlal that Killas Nos. 1, 2, 6, 7, 8, 9, 10, 12, 13, 14 and 15 of Khasra No. 27 (old) and Khasra No. 15 (New) are in his possession and he wants to retain them with him for the purpose of cultivation and irrigation. If rest of the Killas of this disputed land are cultivated and irrigated by non -petitioner Jawaharlal, he has no objection and so, it be declared that he is in possession of the aforesaid Killas of the disputed land. An application was also filed on the same day by non -petitioner Om Prakash that he is ready to retain possession of Killas Nos. 11, 10, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of Khasra No. 27 (Old) and Khasra No. 15 (New) and he will not object to the possession of anybody else. Learned Counsel for non -petitioner Jawaharlal was also present in the court and he also agreed with the applications filed by both the parties. On the basis of this agreement, the learned lower court passed the impugned order. Hence this petition as aforesaid.