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2022 Supreme(SC) 1758
SUPREME COURT OF INDIA
SURYA KANT, J.B. PARDIWALA, JJ.
Mohd. Abid and Others – Petitioners
Versus
Ravi Naresh and Others – Respondents
Petition for Special Leave to Appeal (Crl.) No. 5444 of 2022
Decided On : 01-11-2022
Advocate Appeared:
For the Petitioners: Siddhartha Dave, Anirudh Jamwal, Jemiben, Chand Qureshi.
For the Respondents: S.B. Upadhyay, Aftab Raseed, Aftab Ali Khan, Rohit K. Singh, Pritam Bishwas, Kislay Jha, Ruchi Gupta.
Exclusive jurisdiction of the Civil Court in determining interse rights of parties regarding title or possession in property disputes.
Headnote:
Zamindari Plot - Property Dispute - Section 145/146 Cr.P.C. - [Section 145, Section 146 Cr.P.C.] - The court disposed of the Special Leave Petition with a direction that the ad-interim order passed by the court shall continue to operate as an interim measure till the Civil Court passes an appropriate order after hearing both parties. The court emphasized that the interse rights of the parties regarding title or possession are to be determined by the Civil Court, and directed both parties not to create any third party rights or encumbrances over the property in dispute.
Fact of the Case:
The controversy pertains to Zamindari Plot No. 3082, consisting of shops and a residential house, with the petitioners claiming purchase through registered Sale Deeds dated 05.10.2020, while the respondents claim the property was purchased by their predecessors-in-interest on 16.11.1949.
Finding of the Court:
The court disposed of the Special Leave Petition with a direction for the ad-interim order to continue until the Civil Court passes an appropriate order after hearing both parties, emphasizing that the interse rights of the parties regarding title or possession are to be determined by the Civil Court.
Issues: Property ownership dispute, validity of Sale Deeds, jurisdiction of Civil Court vs. Section 145/146 Cr.P.C. proceedings.
Ratio Decidendi: The court emphasized the exclusive jurisdiction of the Civil Court to determine the interse rights of the parties regarding title or possession, and directed both parties not to create any third party rights or encumbrances over the property in dispute.
Final Decision: The Special Leave Petition is disposed of with a direction for the ad-interim order to continue until the Civil Court passes an appropriate order after hearing both parties, and both parties are directed not to create any third party rights or encumbrances over the property in dispute.
ORDER :
1. Heard learned Senior Counsel appearing on behalf of the parties at a considerable length and carefully perused the material placed on record.
2. The controversy in this case pertains to Zamindari Plot No. 3082, consisting of some shops and a residential house constructed on it, situated in Mohalla Angooribagh, Faizabad, Uttar Pradesh.
3. While the petitioners claim that they have purchased the subject property by way of four consecutive registered Sale Deeds dated 05.10.2020, the case of the respondents is that the suit property was purchased by their predecessors-in-interest way back on 16.11.1949 by way of a valid Sale-Deed.
4. It is, however, an admitted fact that the petitioners have already filed a suit for injunction in which ex-parte ad-interim injunction has been granted by the Civil Court, Faizabad, Uttar Pradesh on 05.12.2020. Once the Civil Court is seized of the matter, it goes without saying that the proceedings under Section 145/146 Cr.P.C. cannot proceed and must come to an end. The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court.
5. In this view of the matter, and without expressing any views on merits on the rival claims of the parties, we dispose of this Special Leave Petition with a direction that the ad-interim order passed by this Court on 03.06.2022 shall continue to operate as an interim measure till the Civil Court, Faizabad passes an appropriate order after hearing both the parties.
6. To avoid multiplicity of proceedings, it is, however, directed that both the parties shall not create any third party rights or encumberances over the property in dispute.
7. With these observations and directions, the Special Leave Petition is disposed of.
8. As a sequel thereto, pending interlocutory applications also stand disposed of.
