- (1.) HEARD Mr. S. K. Misra, learned counsel for the revisionist Smt. Tulsa Devi and Mr. R. B. Sahai, learned" counsel appearing for opposite party No. 2 Nahar Singh and the learned A. G. A. for opposite party No. 1.
(2.) THIS revision petition is directed against the order passed by the Special Judge/additional District and Sessions Judge, Fatehpur in criminal revision No. 6 of 1994. By the impugned judgment and order the learned Additional Sessions Judge has ordered for release of Bus registered No. UPW 3389 in favour of opposite party Nahar Singh. Mr. Misra argues that the papers of the vehicle' in dispute stands in favour of Tulsa Devi revisionist as the learned Additional Ses sions Judge has noted at page 2 of the impugned judgment. The registration cer tificate as well as the permit everything stands in the name of Smt. Tulsa Devi. The claim of opposite party Nahar Singh is based on his oral assertions that he has purchased that bus and he has lodged first information report alleging theft of the Bus at the hands of Tulsa Devi and her son. Since the dispute relates to a motor vehicle the law about its ownership is governed by the Motor Vehicles Act. In the present case Tulsa Devi in whose name the relevant Bus has stood under the register of R. T. O. and who has got the permit also in her name, will be presumed to be the owner of the vehicle. The learned Addi tional Sessions Judge has not considered this legal proposition while deciding this revision petition. The points raised in the revision petition are sound. The impugned judgment and order is perfectly against the provisions of law in the Motor Vehicle Act. The bus was rightly released in favour of Smt. Tulsa Devi on the strength of the papers showing the ownership of the Bus in favour of Smt. Tulsa Devi. The learned Additional Sessions Judge has committed error of law in ordering the release of the Bus in favour of Nahar Singh-opposite party No. 2. The revision petition accordingly succeeds and the same is allowed. The impugned judgment and order are set aside. The Bus is directed to be released in favour of Smt. Tulsa Devi without any fur ther delay. Revision allowed. .;