GAINDA LAL SHARMA Vs. BISHAMBER NATH KUMAR

JUDGEMENT

(1.) Bishambar Nath made an application under Section 145, Criminal P.C., in the Court of the Resident Magistrate, New Delhi, on 31 July 1948, complaining that he had been forcibly and wrongfully dispossessed of the premises known as "Express Motor Garage" situate in M. Block, Connaught Circus, Delhi, by Pandit Gainda Mal respondent. Paragraphs 3 and 4 of the application run: (3) That according to the terms of the agreement between the parties all the accounts of the said shop were to be, and have been, operated solely by the petitioner who has been in possession of the said shop with its yard and the business carried on there. (4) That on 26 June 1948 the petitioner's son along with a Chowkidar was sitting in the shop premises when the respondent with several others came there and dragged them out and forcibly put Ms own lock on the premises. The petitioner wished to take action for his forcible dispossession but the respondent induced him to stay his hands on the assurance that the matter would be settled and that the possession of the petitioner over the shop would be restored.

(2.) The Magistrate recorded the statement of Bishambar Nath on oath on 31st July 1948. In that statement the applicant stated that there was a shop situate in Connaught Circus, M. Block, New Delhi, known by the name of "Express Motor Garage" and that he was in possession of that shop. He added that he had invested a sum of Rs. 27,000 on that business and that the opposite party was his partner in that business. He continued and stated that he was in possession of the said shop and was managing the said shop himself and it was on 26 June 1948 that the respondent put his own lock on the aforesaid premises.

(3.) The Resident Magistrate, thereupon, ac ting under Section 145(1), Criminal P.C., passed the preliminary order which reads: Whereas I am satisfied from the information placed before me by Bishambar Nath applicant that there exists a dispute between the parties, i.e., the applicant and Gainda Lal Sharma, likely to cause breach of peace, concerning the shop and garage in M. Block, Connaught Circus, New Delhi, in the limits of my jurisdiction, inasmuch as the respondent has forcibly dispossessed the applicant from the premises, that he has put in his own signboard "Krishna Motor Garage" in place of the "Express Motor Garage" already existing, and that he has done other untoward acts mentioned in the application, I consequently order the aforesaid parties to attend this Court on 14 August 1948 and to put in written statements with respect to complaint in respect of the actual possession of the shop.