SUREN CHANDRA PAUL Vs. DARA SINGH

JUDGEMENT

(1.) This is a revision petition from the order dated 11-8-86 passed by the SDM Gauhati in Case No. 1095M/86 under section 144, Cr. P.C.

(2.) The fact: The case of the 1st, party Dara Singh is that the 2nd party Suren Chandra Paul executed an unregistered agreement in favour of Dara Singh to the effect that he would repay a sum of Rs. 24,332/- which he borrowed from Dara Singh within 3 months on and from 10-4-86, failing which Suren Chandra Paul shall hand over the possession of the Hotel Everest situated at K.C. Sen Road, Paltan Bazar, Gauhati to Dara Singh, Surendra Paul, after expiry of the 3 months, did not repay the money and as such, he was legally bound to hand over the possession to Dara Singh. Surendra Paul, instead of handing over the possession of the hotel to Dara Singh, tried to dispose of the Everest Hotel stealthily. Dara Singh on coming to know about the design of Suren Chandra Paul, demanded the possession of the hotel, but Suren Chandra Paul became furious and intimated Dara Singh with dire consequences.

(3.) On the basis of the above information, the learned SDM passed an order dated 11-8-86 section 144, Cr P.C. prohibiting and restraining Suren Chandra Paul from transferring the possession of the said hotel to any other except to Dara Singh. Hence, this revision petition.