KUNDAN SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THIS is a criminal revision filed by Kundan Singh under Section 482 Cr.P.C. whereby he has sought the quashing of order dated 8.5.1995 (Annexure P -1) passed by the Sub Divisional Magistrate, Amritsar, dropping the proceedings under section 145(1) Cr.P.C. initiated vide order dated 27.4.1995 but ordering the continuance of S.H.O. Police Station, Majitha as receiver in respect of the land measuring 3 killas 12 Marlas appointed vide order dated 5.5.1995 and directing the parties to take possession of the land in dispute from the receiver after the final decision of the Civil Court. It has been prayed that the order appointing receiver should not continue when there was no finding by the Sub Divisional Magistrate as to which of the parties was in possession of the land in dispute.

(2.) IN this revision is the product of the following facts : -

(3.) RESPONDENTS opposed this revision urging that Pala Singh and Harnam Singh executed no will in favour of Kundan Singh and his wife Ravail Kaur. It was denied that petitioner had been cultivating the land since 1977. Khasra Girdawri - had been correctly entered as respondents are cultivating the disputed land. Mutation No. 5650 of inheritance of Pala Singh was sanctioned in favour of all the natural heirs by the Assistant Collector Ist Grade, Amritsar vide his order dated 16.11.1993 and the wills set up by Kundan Singh and his wife were ignored. Proceedings under Section 145 Cr.P.C. were justifiably initiated by the Sub Divisional Magistrate when the petitioner was trying to oust the respondents from the land and there was breach of peace. The Sub Divisional Magistrate passed a consent order appointing receiver when both the parties made statements that till the decision of the Civil Court, they would not interfere with the land in dispute. The Sub Divisional Magistrate justifiably appointed the receiver and asked the parties to have the title and possession decided from the Civil Court and till the decision of the Civil Court, the receiver would hold the possession.