RIZWAN HAIDER Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2000-1-199
HIGH COURT OF ALLAHABAD
Decided on January 24,2000

Rizwan Haider Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

Krishna Kumar J. - (1.) This revision has been filed against the order dated 7.4.1999 passed by the Xth Additional Sessions Judge Moradabad whereby the revision against the order of the learned Magistrate dated 18.2.1999 was set aside. Vide order dated 18.2.1999 the learned Magistrate rejected the application of the opposite party No. 2. The opposite party No. 2 went in revision and the order of the Magistrate was set aside and learned Magistrate was directed to handover the motor cycle in the custody of the Phool Singh. Learned counsel for the revisionist contended that before the Magistrate original papers were filed by the revisionist to prove that he was registered owner of the vehicle. Learned Additional Sessions Judge admitted this fact that initially the revisionist Rizwan Haider was registered owner but considering the facts that after 30.7.1997 there was no entry to show that Rizwan Haider was owner of the aforesaid vehicle rejected his claim. However whenever the vehicle is transferred it is entered in the registration. Before the learned lower court original papers were filed and if there was no entry of transfer after the entry of transfer in favour of the revisionist it cannot be held that the said vehicle was transferred in the name of Phool Singh. From the order of the learned Sessions Judge it appears that there was some dispute between Phool Singh and brother-in-law Karan Singh. From the order it is also clear that there was allegation that Karan Singh handover the motor cycle to Phool Singh but there was nothing in writing. The allegation that because papers were missing the entry was not made is not convincing and it is clear that Karan Singh transferred the said vehicle to revisionist. Learned Sessions Judge must not have substituted its own findings when the learned Magistrate has given his findings on fact and there was no perversity or illegality. Therefore revision is allowed the impugned order dated 7.4.1999 in set aside. Revision Allowed.;


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