SUKHDEV SINGH Vs. SUB DIVISIONAL MAGISTRATE SIRSA
LAWS(P&H)-1996-8-6
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 06,1996

SUKHDEV SINGH Appellant
VERSUS
SUB-DIVISIONAL MAGISTRATE, SIRSA Respondents


Referred Judgements :-

JAGDISH ALIAS JAGDISH KUMAR V. SUB DIVISIONAL MAGISTRATE [REFERRED TO]
MANOHAR LAL V. SUB-DIVISIONAL MAGISTRATE [REFERRED TO]
BALWANT SINGH V. STATE OF PUNJAB [REFERRED TO]
RAM SUMER PURI MAHANT VS. STATE OF UTTAR PRADESH [REFERRED TO]
DHARAMPAL VS. RAMSHRI [REFERRED TO]
MOHINDER SINGH VS. DILBAGH RAI [REFERRED TO]



Cited Judgements :-

ILA KOYAL VS. NALINI BALA KOYAL [LAWS(CAL)-1997-9-45] [REFERRED TO]
CHARAN NAIK AND ORS. VS. KIRTAN MOHANTY [LAWS(ORI)-1998-2-42] [REFERRED TO]
ZORAVAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2008-2-73] [REFERRED TO]


JUDGEMENT

- (1.)This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the complaint dated 21-11-1995 (Annexure P. 7) and the order dated 18-12-1995 (Annexure P.9), passed by the Sub-Divisional Magistrate, Sirsa, whereby, on initiation of proceedings under Section 145 of the Code, agricultural land measuring 8 Kanals, comprised in Square No. 132, Killa No.23, situated in village Mangala, Tehsil and District Sirsa, has been attached and Tehsildar, Sirsa, has been appointed Supurdar under Section 146(1) of the Code.
(2.)Admittedly, the petitioners purchased the aforesaid agricultural land along with 16 Kanals more comprised in the same square bearing Killas Nos. 13 and 18 from one Jagir Singh son of Kaur Singh, vide registered sale deed dated 27-10-1980. Mutation No. 1886 (Annexure P.1) was sanctioned in their favour on 7-2-1981. Since the vendor-Jagir Singh was in self-cultivating possession of the agricultural land including the disputed one, actual physical possession was handed over to the petitioners and since then they are in cultivating possession thereof. It appears that after the sanction of the mutation (Annexure P.1), the Halqa Patwari did not incorporate the same in the Jamabandi for the years 1985-86 and 1990-91 and the name of the previous owner Jagir Singh continued in the revenue record. On the death of Jagir Singh, inheritance mutation bearing No. 2682 dated 13-3-1991 was sanctioned in favour of Milkhi Singh - the son, and Smt. Deepo and Smt. Bhagan Bai - the daughters of the deceased - Jagir Singh. When the mistake was discovered, the village Patwari entered "Fard Badar" No. 27 on 26-8-1995, seeking permission to correct the mistake, which was allowed by the Assistant Collector II Grade on 30-8-1995. Copy of the 'Fard Badar' is Annexure P.2.
(3.)It has been alleged by the petitioners that the legal heirs of the deceased-Jagir Singh, having come to know about the error committed by the Patwari at the time of the preparation of 'Fard Badar' entered into a collusion with respondent No. 2. As a result of the said collusion, respondent No. 2 filed a civil suit on 12-9-1955 (copy of the plaint of which is Annexure P.3) claiming that he was cultivating the said land as a tenant since Kharif 1985. The suit was filed against respondents Nos.3 to 5, who are the legal heirs of Jagir Singh. These respondents, being in collusion with respondent No.2, filed a written statement admitting the claim of respondent No. 2. But the petitioners came to know about this conspiracy and moved an application for being impleaded as a party in the suit. Under the circumstances, respondents Nos. 3 to 5, to show their innocence, filed an application (Annexure P.4) under Order 6, Rule 17 of the Code of Civil Procedure, retracting their admission made in their written statement on the ground that respondent No. 2 had played a fraud upon them. The petitioners then filed a suit for permanent injunction (Annexure P.5) against Milkhi Singh-respondent No. 3 (son of deceased vendor) and Siri Krishan - respondent No. 2, for restraining them from interfering with the ownership and in cultivating possession of the petitioners in respect of the land in dispute. On an application, ad interim injunction was issued by the Civil Court by order dated 30-11-1995 (Annexure P.6), thereby restraining both Milkhi Singh and Siri Krishan (respondents 2 and 3 herein) from interfering with the ownership rights and in actual and cultivating possession of the petitioners over the suit land. That suit is still pending between the parties.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.