P.N.Goel - (1.) BY means of this application under section 482 CrPC Kafeel Ahmad applicant invokes the inherent powers of this Court to quash the order dated 30-6-1980 passed by the Sessions Judge Etawah as well as the order dated 17-1-1980 passed by the City Magistrate Etawah, opposite party no. 3.
(2.) FACTS relevant for the disposal of tikis application may be stated at some length : There is wall called Chesh Bagh wall belonging to the Nagar Palika in the town of Etawah. On both sides of this wall there is land of Nagar Palika, land of one side of this wall has been let out by the Nagar Palika to some persons. On 24-10-1979 the Nagar Palika gave a notice to Kafeel Ahmad (Annexure I) saying that he had opened two doors in the Chesh Bagh wall of the Nagar Palika illegally and that he had thereby committed breach of the conditions of the lease deed. Kafeel Ahmad was called upon to close the doors within 7 days. Kafeel Ahmad did not make compliance of the notice. Therefore, the Nagar Palika filed a criminal complaint against him under section 307 of the U. P. Municipalities Act, 1916. The criminal case was pending before the City Magistrate Etawah. On 17-1-1980 Mohammad Shakoor, opposite party no. 2 moved an application before the City Magistrate for beingi mpleaded in the criminal case (Annexure II). In this application Mohammad Shakoor alleged : (1) Kafeel Ahmad in collusion with the officials of the Nagar Palika had got filed fictitious case. (2) In the criminal case Kafeel Ahmad has been alleged to be proprietor of Nav Bharat Timber Mart. This fact is totally wrong. In fact Mohammad Shakoor is the owner of the said timber mart. Kafeel Ahmad has no connection with it. In this respect there have been decisions of the various courts. (3) The shop of Mohammad Hanif, brother of Kafeel Ahmad is just to the north of the shop of Mohammad Shakoor. Mohammad Hanif and Kafeel Ahmad desire to take illegal possession over his land. And (4) Mohd. Shakoor got a plan of his shop sanctioned by the Nagar Palika and in the said plan the doors in question were shown. On 17-1-1980 the city Magistrate allowed the application of Mohammad Shakoor and passed order "Let him be impleaded as party". Against this order Kafeel Ahmad filed a. revision before the Sessions Judge Etawah. The Sessions Judge dismissed the revision simply on the ground that order passed by the Magistrate was an interlocutory one, vide copy of order date 30-6-1980 (Annexure IV). Kafeel Ahmad then moved this application. One Mohammad Sharafat Ullah Khan has filed counter affidavit on behalf of Mohammad Shakoor. In this affidavit he deposed that Kafeel Ahmad and firm M/s. Nav Bharat Timber Mart of which Mohd. Shakoor is sole proprietor were the tenants of Nagar Palika, that Kafeel Ahmad filed suit no. 458 of 1974 against Nagar Palika and others, that tie parties compromised the case and the case was decided in terms of the compromise on 19-8-1976. One of the terms of the compromise was that the tenancy would continue to remain in the names of Kafeel Ahmad, the firm and partners of the firm Nav Bharat Timber Mart. He further deposed in respect of the grounds taken by Mohammad Shakoor in his application for impleadment. He also deposed that the question of tenancy was involved in various civil and criminal cases.
(3.) KAFEEL Ahmad field a rejoinder affidavit denying the allegations made in the counter-affidavit. The learned counsel for Mohammad Shakoor has filed a certified copy of the compromise which took place in civil suit no* 458 of 1974. The relevant terms of this compromise are that Kafeel Ahmad, M/s. Nav Bharat Timber Mart and its partners would remain the tenants of the suit premises and would pay rent at Rs. 100/- per month with effect from 24-9-1974 and that enhanced rent for the period 24-9-1974 to 31-5-1976 had been paid, and that previously the rent was Rs. 25/- per month.;