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1995 Supreme(P&H) 1135

SWATANTER KUMAR
Mahant Kesar Dass – Appellant
Versus
Gurdev Singh Alias Gurdev Dass And Others – Respondent


Judgment

Swatanter Kumar, J.

1. The ambit and scope of Section 146 of the Code of Criminal Procedure is the basic question that falls for consideration in this petition.

2. The facts giving rise to three questions are that the learned Additional Sessions Judge, Sangrur, while disposing of the revision petition vide his order dated 21st February, 1995 appointed the Receiver to protect the property in dispute till the question pending before the Civil Court was decided. There was a Dera of Udaseen in Village Kanganwal, Tehsil Malerkotla, District Sangrur, which was managed by Mahant Uttam Dass as Mahant of the Dera. The property of the Dera was also situated at Villages Mithewal, Dehleez Khurd, Manakwal and other villages. According to the petitioners Mahant Uttam Dass was looking after and managing the property through Joginder Dass who was in possession of the land and cultivating the same. The entries to this effect were made in the Khasra Girdawaris. During the life time of Mahant Uttam Dass, he had appointed his Chela Mahant Kesar Dass as his successor and nominated him as Mahant of the Dera which was known to the public at large. Mahant Uttam Dass is stated to have executed a re














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