1989 Supreme(Raj) 649
RAJASTHAN HIGH COURT AT JAIPUR BENCH
N.C.Sharma, J.
Smt. Kulwant Kaur - Appellant
Versus
State of Rajasthan And Anr. - Respondent
S.B. Cri. Misc. Petition No. 263 of 1989.
Decided On : 26-04-1989
When a civil suit for possession of property is pending, the criminal court should not initiate or continue parallel proceedings under Section 145, Cr.PC, as the civil court is in a better position to adjudicate the question of possession and provide adequate remedies to the parties.
Headnote:
CRIMINAL PROCEDURE CODE, 1973 - SECTION 145 - POSSESSION DISPUTE - CIVIL SUIT PENDING - JURISDICTION OF CRIMINAL COURT - PARALLEL PROCEEDINGS - STAY OF CRIMINAL PROCEEDINGS.
Fact of the Case:
A dispute arose over the possession of a residential house between the landlord, Smt. Kulwant Kaur, and her former tenant, Smt. Laxmi Devi. Smt. Kulwant Kaur filed a civil suit for arrears of rent and ejectment, obtained a decree for ejectment, and executed the decree with police assistance. Smt. Laxmi Devi and her husband trespassed over the house and started living in front of it. Smt. Kulwant Kaur initiated proceedings under Sections 107 and 116 of the Code of Criminal Procedure and filed a complaint under Sections 145 and 107, Cr.PC, alleging breach of peace. The Additional District Magistrate ordered the continuation of proceedings under Section 145, Cr.PC. Smt. Laxmi Devi filed a revision petition, which was allowed by the Additional Sessions Judge, who set aside the order of the Additional District Magistrate and remanded the case for an appropriate order in light of the Supreme Court decision in Ram Sumer Puri Mahanat v. State of UP and Ors. Smt. Kulwant Kaur filed a petition under Section 482, Cr.PC to quash the order of the Additional Sessions Judge.
Finding of the Court:
The court held that the civil suit filed by Smt. Kulwant Kaur under Section 6 of the Specific Relief Act against Smt. Laxmi Devi was directly in issue before the Civil Court between all those who were connected with the dispute. The court also noted that Smt. Kulwant Kaur had moved an application for the appointment of a receiver before the Civil Court, but that was dismissed. The court found that the facts in the present case were more similar to the facts in Ramsumer Puri Mahant's case (supra) and not similar or nearer to the court's decision in Subh Karan v. State of Rajasthan (supra).
Issues: Whether the criminal court should continue proceedings under Section 145, Cr.PC when a civil suit for possession of the same property is pending.
Ratio Decidendi: The court relied on the Supreme Court decision in Ram Sumer Puri Mahanat v. State of UP and Ors., which held that when a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, there is hardly any jurisdiction for initiating a parallel criminal proceeding under Section 145, Cr.PC. The court also noted that the civil court is in a better position to adjudicate the question of possession and provide adequate remedies to the parties, such as injunction or appointment of receiver.
Final Decision: The court dismissed the petition filed by Smt. Kulwant Kaur and upheld the order of the Additional Sessions Judge, which set aside the order of the Additional District Magistrate and remanded the case for an appropriate order in light of the Supreme Court decision in Ram Sumer Puri Mahanat v. State of UP and Ors.
JUDGMENT
1. - This is a petition Under Section 482, Cr. PC filed by Smt. Kulwant Kaur against the order of the Addl. Sessions Judge No. 2 Ajmer, dated December 20, 1988, whereby the revision petition filed, by Smt. Laxmi Devi, non-petitioner No. 2, against the order of the Additional District Magistrate (City), Ajmer dated August 12, 1987 for continuing the proceedings Under Section 145, Cr.PC was set aside.
2. The facts leading to the filing of this petition are that Smt. Kulwant Kaur, petitioner, is land-lady of residential house No 1129A/26, situated in Bhagwanganj, Ajmer and this house was under the tenancy of Smt. Laxmi Devi and her husband Kishorilal. Smt. Kulwant Kaur filed a civil suit No. No 37/1987 against Kishori Lal and Smt. Laxmi Devi for arrears of rent and ejectment from the said premises. In that suit, it was alleged that a decree for ejectment was passed against the tenants. Smt. Kulwant Kaur proceeded to executed that, decree by means of an Execution Application No 11 of 1980 and the petitioner states that with the Police assistance possession of the said premises was delivered to her on October 11, 1980. After ejectment, Kishori Lal and Smt. Laxmi Devi started living in front of this house by pitching a tent. During the night intervening 5th and 6th June, 1981, Kishori Lal and Smt. Laxmi Devi trespassed over the house. The petitioner initiated proceedings Under Sections 107 and 116 of the Code of Criminal Procedure. She also made a complaint No. 96/1981 Under Sections 145 and 107, Cr.PC on August 4, 1981, raising the dispute about possession and complaining breach of peace. A preliminary order was drawn by the Additional District Magistrate, Ajmer on September 1, 1981. Kulwant Kaur, petitioner, also filed a civil suit Under Section 6 of the Specific Relief Act against Smt. Laxmi Devi and that suit is still pending. Smt. Kulwant Kaur in that suit made an application Under Order 40 Rule 1 of the Code of Civil Procedure for appointment of receiver, but the application was dismissed by the Civil Court On February 15, 1986.
3. On August 8, 1986, Laxmi Devi made an application before the Additional District Magistrate, Ajmer stating that a civil suit at the instance of Smt. Kulwant Kaur Under Section 6 of the Specific Relief Act was pending and, therefore, proceedings Under Section 145, Cr.PC cannot continue as parallel proceedings and the same may be dropped. The Additional District Magistrate dismissed the application filed by Smt. Laxmi Devi. He held that the civil suit has not been decided so far and no decree for possession, or any order to that effect has been passed. He further stated that as the proceedings Under Section 145, Cr.PC had started on account of apprehension of breach of peace and were at the fag end, the application filed by Smt. Laxmi Devi cannot be allowed.
4. Aggrieved by this order of the Additional District Magistrate, Ajmer (City), Smt. Laxmi Devi filed a revision petition No. 39/1987, before the Sessions Judge, which was decided by the Additional Sessions Judge No. 2, Ajmer on December 20, 1988, The Additional Sessions Judge relied upon the decisions of their Lordships of the Supreme Court in Ram Sumer Puri Mahanat v. State of UP and Ors., AIR 1985 SC 472 and of this Court in Om Prakash v. State [1987(2) WLN 661] , in which it was held that where proceedings Under Section 145, Cr.PC are pending and in respect of the same property, a civil suit has also been filed and is pending, parallel proceedings cannot continue. He, therefore, set aside the order of the Additional District Magistrate dated August 12,1987 and remanded the case to the Additional District Magistrate to pass an appropriate order in the light of the Additional Sessions Judge. Smt. Kulwant Kaur has moved this petition Under Section 482 Cr.PC to quash the said order of the Additional Sessions Judge No. 2, Ajmer.
5. The learned Counsel for the petitioner, Smt. Kulwant Kaur, relied upon the decision in Subhkaran v. State of
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