L R OF GANESHMAL Vs. VELARAM

JUDGEMENT

(1.) In this case the main question to be determined is as to whether the suit filed by non-petitioner under Section 6 of the Specific Relief Act is maintainable?

(2.) The facts of the case are that one Shri Rundas, s/o Shri Shanker Dass Vaishnav had mortgaged a plot of land in village Rani, with Ganeshmal s/o Fouzmal on 15-1-1934. This property was not got redeemed by the mortgagor and on 25-5-90 Jodharam s/o Lumbaram and Poonaram s/o Rajaram were alleged to have forcibly taken possession of the plot of land and the construction standing thereon. As there was apprehension of breach of peace, the Station House Officer, Police Station, Rani, lodged a complaint with the Sub-Divisional Magistrate, Bali u/S. 145, Cr. P.C. against Ganeshmal and Poonaram as party No. 2. On 25-9-85 the proceedings were disposed of by the learned Sub-Divisional Magistrate declaring Ganeshmal to be in possession of the property.

(3.) On 14-1-86 Ganeshmal moved an application purportedly to be under Section 145, Cr.P.C. stating therein that the proceedings under Section 145, Cr.P.C. were decided on 25-9-85 and Ganeshmal s/o Fouzmal had been declared to be in possession of the property. It was further alleged in this application that the possession of Ganeshmal had been declared to be of a date two months prior to the preliminary order, and, therefore, the possession of the plot should be ordered to be given to Ganeshmal through the help of police. Accordingly, a direction was prayed to be given to the SHO, Rani, to handover the possession of the plot to Ganeshmal s/o Fouzmal. On this application, without notice to the other side, the Sub-Divisional Officer wrote a letter to the SHO, Rani, directing him to put Ganeshmal in possession and report back immediately. Under this order the possession of the property was handed over to Ganeshmal by the police in absence of the opposite parties by breaking the locks open.