P.N.Goel, J. - (1.) THESE two applications under section 482 of the Code of Criminal Procedure, 1973 arise out of one proceeding under section 145 CrPC pending before the City Magistrate Dehradun. The proceeding under section 145 CrPC relates to a residential building, its garage and out houses called annexure No. 12, Pritam Road, police station Dalanwala, Dehradun.
(2.) IN Criminal Miscellaneous Application No. 810 of 1982, there is an application dated 22-4-1982 moved toy Gur Charan Singh for the release of movables. This application has also to be disposed of. To appreciate the controversy between the parties, it is necessary to set out facts at length. Gur Charan Singh will hereinafter be called the applicant. Birender Pal Singh will hereinafter be called the opposite party. Pedigree of the family of Birender Pal Singh which is undisputed is given below : JUDGEMENT_179_ACRR_1983Image1.jpg
(3.) IT is undisputed that Smt. Harendra Kaur was the absolute owner of the premises no. 12, Pritam Road Smt. Bharpoor Kaur wife of the Opposite Party was living in these premises along with Smt. Harendra Kaur. On the death of Smt. Harendra Kaur, the premises devolved upon Jagjit Singh, Kartar Singh and Smt. Parsin Kaur. These heirs wanted to oust Smt. Bharpoor Kaur. Consequently Smt. Bharpoor Kaur moved an application for allotment of the premises and by order dated 22-6-1972, the Rent Control and Eviction Officer allotted the premises in her name Jagjit Singh and others filed an appeal before the District Judge against the order of allotment. Their appeal was dismissed on 4-3-1975. Jagjit Singh and others then field writ petition no. 7050 or (7051) of 1978 in the High Court. As Smt. Bharpoor Kaur was living in the premises from before the death of Smt. Harendra Kaur there was no vacancy on the date of allotment order. In view of this the writ petition was allowed on 28-8-1978 (or 28-2-78) and the order of allotment in favour of Smt. Bharpoor Kaur was set aside. Smt. Bharpoor Kaur then filed civil suit no. 369 of 1978 for injunction against Jagjit Singh and others in the court of the Civil Judge, Dehradun. A Commissioner was appointed in this case to find out as to which person was in actual occupation of the premises. The Commissioner submitted his report on 27-10-1978 that; Smt. Bharpoor Kaur and the opposite party were in actual occupation of the premises. Consequently an ad interim injunction was passed by the Civil Judge in favour of Smt, Bharpoor Kaur. This order was later on vacated. Jagjit Singh and others filed suit no. 331 of 1979 for recovery of possession and mesne profits against the opposite party and his wife in the court of Civil Judge, Dehradun.;