LAWS(HPH)-2011-12-38

M.S.JAMWAL Vs. OM PARKASH

Decided On December 01, 2011
M.S.Jamwal Appellant
V/S
Om Parkash And Others Respondents

JUDGEMENT

(1.) THIS revision has been filed against order dated 21.5.2011 passed by Judicial Magistrate 1st Class, Jawali, District Kangra in Criminal Complaint No. 321 -I/2010 for offences punishable under Sections 420, 468 read with Section 34 IPC.

(2.) THE facts in brief as per petitioner are that the mother of petitioner Smt. Purv Devi is an aged lady, she asked petitioner to accompany her as she was to execute a sale deed in favour of respondent No.2 in respect of land measuring 80 Kanal 18 Marlas situate at Mauja Bahadpur, Tehsil Fatehpur, District Kangra. The petitioner found that papers were prepared by property dealer and the jamabandi was issued by respondent No.1 describing the area as 80 Kanal 18 Marlas. The respondent No.3 was the Tehsildar (Sub Registrar) at the time of execution of sale deed, who asked the petitioner to sign on the sale deed as witness. The petitioner was told that the sale deed was executed in respect of 80 -18 Kanals. The petitioner did not doubt the bonafides of respondent No.3.

(3.) THE petitioner was not conversant with the conversion table from hectares to Kanals. The petitioner had no cause to doubt and therefore, he appended his signatures on sale deed as witness. It has been alleged that prior to the execution of the sale deed, the mother of the petitioner had executed an agreement to sell in respect of land with respondent No.2 in which area measuring 80 Kanals 18 Marlas (equivalent to 4 -13 -51 hectares) was agreed to be sold to respondent No.2. In the sale deed, the sold area is mentioned in hectares only. The respondents No. 1 to 3 have put respondent No.2 in possession of 111.27 Kanals under the grab of 4 -13 -51 hectares by treating it equivalent to 111.27 Kanals on the basis of conversion table.