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1992 Supreme(Raj) 441

M.B.SHARMA
Ramla – Appellant
Versus
State of Rajasthan and Gyarsi Lal – Respondent


Advocates:
For the Petitioner:Mr. R.S. Rathore, Advocate.
For the Respondent: Mr. B.L. Awasthi, P.P.

JUDGMENT

1. 1. In this Misc. Petition, the learned counsel has confined the arguments to the order of attachment and appointment of receiver of the land in dispute.

2. It will appear from the perusal of the Jamabandi (Annexure-I) that so far as Khasra No. 838 is concerned, Ramla Chamar and the complainant Gyarshi Lal are the joint tenants and each having half share in the land in dispute. Therefore as per the revenue record, Khasra No. 838 is in the joint tenancy of the petitioner Ramla as well as the non-petitioner No. 2 Gyarsilal. A report appears to have been filed in Police Station, Pragpura and after inquiry, the SHO Police Station, Pragpura filed a complaint before the learned Sub Divisional Officer Kotputli wherein though it was admitted that the land in dispute i.e. Khasra No. 838 and 740 were in joint tenancy of the petitioner and non-petitioner No. 2, but it is also stated that some land has been taken away for construction of the road and each of the party was in possession of separate part of the land. The learned Magistrate made an order under sub-section (1) of Section 145 Cr. P.C. on 23rd September, 1991 and on the next date i.e. 24 Sept. 1991 made an order of attachm





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