- (1.) This reference and the connected criminal revision arise out of a case Under Section 146 Code of Criminal Procedure.
(2.) It appears that one Sajjad Ali Khan was the sole proprietor of the entire khewat No. 4/1, Mahal Rustam Ali Khan, Mauza Yousufpur, in the district of Muzaffarnagar. The total area of the land comprised in this khewat was 187 bighas 15 biswas. Sajjad Ali Khan sold two of the plots comprised in this khewat (Nos. 232 and 238) to Amir Singh. Three other plots, Nos. 216, 217 and 218 were acquired by the Government for the Church Mission Society. The total area of these 5 plots was 2 bighas 10 biswas. On 7-2-1942 Sajjad Ali Khan entered into a contract for sale of his entire interest in the mahal in favour of Lala Deep Chand applicant. He did not execute a sale deed in favour of Lala Deep Chand in performance of the contract. On the contrary, he sold the property to the opposite parties Durga Prasad and Miri Mal on 4-4-1942. It may be mentioned here that prior to the execution of this sale deed Sajjad Ali Khan had executed a lease on 2-4-1942 in favour of Dhani Ram in respect of plots Nos. 183, 188 and 189 in this khewat and that these plots at the time of the execution of the lease were in possession of other tenants. On 15-4-1942 Dhani Ram acquired lease of plots Nos. 513, 514, 518 and 525 from Durga Prasad and Miri Mal after the latter had obtained a sale deed from Nawab Sajjad Ali Khan. On 6-5-1942 Lala Deep Chand brought a suit for specific performance of the contract of sale and for possession over the property against Sajjad Ali Khan, Durga Prasad, Miri Mal, Baru Singh, Dhani Ram and Akram Khan. The last three persons were the transferees after the contract of sale with Lala Deep Chand and before the purchase made by Durga Prasad and Miri Mal. On 18-5-1942 Dhani Ram made an application Under Section 53(3) of the UP Tenancy Act of 1939 for the exchange of the plots Nos. 513, 514, 518 and 525 with the plots Nos. 183, 188 and 189 which were in possession of tenants and on 30-5-1942 this exchange was allowed and Dhani Ram got possession over the plots Nos. 183, 188 and 189. The suit was dismissed by the civil judge but was decreed by this Court on 12-5-1949. In execution of this decree the Civil Judge, Meerut, executed a sale deed on behalf of Sajjad Ali Khan in favour of Lala Deep Chand on 29-5-1950. Lala Deep Chand applied for the execution of his decree for possession and possession was delivered to him through a commissioner appointed by the court on 30-5-1950 and a dakhalnama was executed in token of delivery of possession. Durga Prasad and Miri Mal filed an appeal in the Supreme Court against the appellate decree of this Court. It was dismissed on 18-11-1953 with the slight modification that the Supreme Court directed Durga Prasad and Miri Mal also to join in the conveyance which was to be executed in favour of Deep Chand. At the same time they pointed out that the modification that they had made would not affect the rights of Deep Chand under the decree except to his advantage. During the pendency of the civil suit Durga Prasad and Miri Mal obtained the surrender of 47 plots comprised in the khewat from their tenants and cultivated them as their khudkasht.
(3.) On 16-7-1950 Lala Deep Chand made an application to the police Under Section 107 Code of Criminal Procedure complaining that when he went to cultivate the plots over which he had obtained possession under the dakhalnama in execution of his decree for possession, Durga Prasad, Miri Mal and others objected to it and there was a danger of the breach of the peace. It was or this application that the police made inquiry into the matter and reported that there was a dispute between the parties and there was an apprehension of breach of the peace. On this report the learned Magistrate passed a preliminary order Under Section 145 Code of Criminal Procedure on 18-7-1950 directing the plots in dispute to be attached. Sri Jagat Prakash, pleader, was appointed the Receiver of the plots. It may be mentioned here that be ides the khudkasht plots of Dhani Ram the plots Nos. 183, 188 and 189 were also attached. These plots were claimed by Dhani Ram. Written statements were filed by the various parties concerned. Durga Prasad and Miri Mal claimed that the plots in dispute, except the plots Nos. 183, 188 and 189, were their khudkast plots; that they were in possession of them and that Lala Deep Chand had not obtained actual possession over them nor he was in possession of them on the date of the preliminary order. Dhani Ram contended that the plots Nos. 183, 188 and 189 which he had obtained under the deed of exchange were in his possession. Lala Deep Chand on the other hand claimed that he was in actual possession of these plots and the opposite parties had no concern with them.;