I N TliE HlGI I COURT OF PUNJAB AND HARYANA AT CHANDI v. St at eofPunj abandot hers

Learned counsel t he pet ilionershas chalI engedlhe order on t he groundt hat civil SUlt was pendingbet ween t he part iesfor specific of t he agreem entand ordcr of st at us quo was also passedThe Receiver was in t hc land in disput e Thedisput ewas t here bet weent he No 4 and 5 and it would be bet t er if t he pet it ionersare iinpleadcdas part y in t hc pendingbefore t he revisional Court Lcam cd counscl for t he pet it ionerfiirt her subm it s t hat t he was handed over t o pet it ionerNo 1992005 againstwhich No6 1Oled revlSI OO pet it ionbefore Addit ional Deput yCoinm lssionerand lherefore No is ent it led for t he t he land lll disput e NoA and 5 had adm it t edt hatt heyhad not hingt o do wit h t he land in disput eand t heyhad been holdingt he land at t he inst ance of t he On 72003 a fresh power of at t orneywas givent o pet it ioner No2 The said Power of at t orneywas cancelled bySDM 011 3092005 and C 0 0 I I Z I 011 V Z I l onlybecauseoft hat an applicat ionfor was inoved W Learned counsel for t he pet it ioneralso subI nit s t hat t he dat ed 15A 1993 Annexure I 19 and dat cd 15 01 993 P29 were on behalf of t he pet it ionerswhich were I at er on rect ified on 92002 and 72003 6AnnexuresP3 and P69 and variouS powerof at t orneyswere givent o t he pet it ionersand t heir relat ive Balwant Singhbut t he learned Addit ional SessionsJudgedism isscd t he KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh wit hout cont est ingt he issue JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 414 4 CrleMisceNoeM 37133 of2007 131 l1 1 1 0 0 t I Z L I 08 Z Learned counsel t he subinit s t hat t hc have no concern writ ht he land iondisput eand t here is no needt o im pleadt hem as part y in t he reVlSlOn pet it ion I n t hc Jam abandifor t he year 199697 Sulj itSinghand his brot herAj itSinghwere recordedt o be lI l lawful oft he suit land Even in for t heyear 2001 2002 Surj itSinghwas recorded t o be in oft he land in disput e alongwit h his brot her Sukhjit Singhand SarupSinghm oved an applicat ionfor correct ion of t he Khasra Girdawari in t heir nam es and t he applicat ionwas dism issed by t he Assist ant Collect or I I nd Grade Learned counsel for t he furt hersubm it st hat t he cannot t ake t he benet of t he fact t hat t he suit was decidedln t heir favourand quest ion was not decidedin t he I t 1S clear from t he of RW t o RW4 t hat even at t he t inoe of init iat lOll of under Sect ion 145 CrP Surj itSinghwas I ll physicalpossessionof t he land in disput eas Receivcr t ook t he oft he suit land from Sulj itSinghLearned counsel for t he last ly arguedt hatpossessionof t he propeit ywas t aken byt he Receiver under t lle order of t he Court as a t rust ee and only Surj itSinghlS ent it led t o get t he land in disput efrom t he Receiver MrMalkeet Singh learnedcounsel for No 4 and 5 has placedreI iance on t he j udgm cnt sof t he Honble SuprelneCourt in Ram Sum cr Puri Mahant vse 278 Nlahar Jahan and ot hers VS St at e of Delhi and ot hers R6Crim inao 80 and t his Court lll Zoravar Sineh Vs KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh St at e of Punj ab and ot hcrs 20086lJRCl JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 415 S 1 CrlMisc NoM 37133 of2007 141 0 I D I Z 7 t I 021 Z 11 Crim inall 1029 Nirm aI Sinh Vs Hardeep Singh 200841RR Crim inalJ230 and Sant Dareshan Sineh and anot hcr Vs St at e of Puniab and ot hers RCR6Crim ina0338 t o support his cont ent ion I have heard t he argum ent sof learned counsel for t he part ies and have also gone t hrought he im pugnedorder and ot her docunlent s available on t he file I n t his case a sult for specific filed wit ll regardt o I and in disput eby pet it ionerUj agarSingh and st at us quo was ordered byt l civil Court An under Seclion 145 CrC filed by SarupSinghand Sukhj itSlngh No 4 and 5 before t he Court of SulOivisional Magist rat e which was allowed and a revision againstt he order passedin t he under Sect ion 145 CrPC was liled bySulj itSingh No6 An applicat ionfor also Oled by pet it ioner Singhwhch was dism issed by rcvisional Court Oll t he groundt hat Sukhj itSinghwaS lI l act ual of t he I and at lhe t im e of init iat ion of under Sect ion 145 CrC and direct ions issued t o hand oVer of t he land in disput et o t hem The Addit ional SessionsJudgedism issedt he applicat ionon t he groundt hat Sub Divisional Magist rat ehad right lyheld t hat t he Tehsildar Kapurt halashould have handed over possessionof t he land in disput et o Sukhj itSinghand SarupSinghas t heywere in act ual possessionof ihc I and at t hc t i m e o f lllit iat ion KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh under Sect ion 145 CrPC and order ofSDM was JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document upheldand revision was dism issed I t is also t he case oft he pet it ionerst hat 416 t CrleMisceNoeM 37133 of2007 151 1 1 t 0 C I Z oS 1 Z 0 beingpower of at t orneyof Sukhj itSinghand SarupSingh t he under Sect ion 145 CrPC before t he SDM as Sukhj itSingh andSarupSinghexecut edan agreeinentofsale I and in disput e111 favour of Uj j agarSingh on 92002 t hrought heir at t orney and Sukhj itSinghand SarupSinghcancelled t hcir powcr of at t orneyin favourof Singhon 2712002 The m at t er was resolvedbet ween t hepart iesand t he power of at t om eydat ed 271 2200 1 wasagainrest oredin favour Singhon 72003 Sukhj itSinghand SarupSinghflled suit specific byagreem ent sofsale dat ed 1511993 and 15101993 C4 on 178996 and st at us quo wit h regardt o was Ordcredt ill t hc disposalof t he suit Since t he m at t er was before t he Ci vi l Court and Sukhjit Singhand SarupSinghwere t n oft he land in and m oreover civil Court has also givenSndingvide order dat ed 1772006t hat Sukhj itSinghand SarupSinghwere ent it ledt o get execut ed saledeed SUlt landin t heir favour on t he basisof agreem eilt sof saledat ed 15 1993 and 1 101993 aft erm akingpaym entof t he balance am ount Thepet it ionerswere neit herpany o t he undcrScclion 145 CrPC Leam ed counselfor t he pet it ionershas also not been ablc t o showany provisionfor a t hird person as part yand t hat is also at t he t im e of of t he reVlSlOll pet it ionThe Sect ion145CrPC were init iat ed at t he inst anceof No 4 and 5 as t heywere receivingt hreat sof No 6 and7 and SDM Kapurt halahas right lydecided in fai7ourof KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh N 4 and 5 as t heywere 111act ual of t he land in disput ca1 lhc JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 417 0 CrI eMisceNoN 37133 of2007 161 C 0 1 I I Z Lr I 021 2 Z t im e of init iat ion of under Sect ion 145 CrPC and receiver had t aken No 4 and 5 whereas t heywere ent it led t o t he om t he recelve This view has beensupporled byt hej udgm entof Honble t he ApexCourt in Ram Sum er Puri Mahant Ve St at e of UP 198519RR Criininallwherein it has been held t hal when civil lit igat ionis pendingregarding t he propert y parallelcrim inal should not be perm it t edand publict lllle should not be wast ed in I it igat ionln anot hei j udgm entof Honble t he ApexCourt in Mahar Jahan and ot hers v St at e of Delhi and ot hers 200629RRCrim inal9 80 wherein it has been held t hat when a m at t er 1S pendlngbeforet he civil Court under Scct ion 145 CrC should not be ent ert ainedand if st ill pendingt hen no cont rary order shouldbe passed as in t he presentcase t hc nlalt cr was pending before t he Civil Court and st at us quo order was also t here and even order passedin t he are liable t o be set aside Moreover t he pet it ionershave no rightt o be in t he under Sect ion 145 CrC The Honble Court held I ll Nlohd Shafiuddill General Secret arv NlanaeinP com m it t ee Masiit Asarm ewSharecf Rahm ania Tallaadda Hyderabad and anot her Ve St at c of AP And ot hers 2007 1 9 RR4Crim ina19430 t hat t he Civil Court is com pt entlO decide t he qucst ionof bet ween t he part iesand under Sect ion 145 CrPC are onlyby way oft em porarylneasure and where t hefleld is not occupiedbyt he civil Court I t has furt her becn hcld t hat ion t he civil KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh are pending under Sect ion 145 JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 418 n4 CrlMisc NoMe 37133 of2007 1 171 cannot be allowed and are liable t o be quashed I n view of t he discussioninade above t here is no m erit in t hc subm issionsm ade by t he learned counsel for t hc pet it ionershe pct ilion beingdevoid ofanym eritis dism issed DAYA CHAUDHARYI JUDGE August3 raehav 3 2010 10 0 I I l 9 4A I S l11 Z I i I 0 Z Om KUMAR SURESH SHAM LAL 2012.07.11 12: 33 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document