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1976 Supreme(P&H) 76

M.R.SHARMA, K.S.TIWANA
Mohinder Singh – Appellant
Versus
Dilbagb Rai – Respondent


Judgment

K.S.TIWANA, J.

1. Mohinder Singh petitioner, on the one hand, and Dibagh Rai respondent, on the other are litigating in the Civil Court at Patiala about the possession of a Khola (dilapidated house) situated on the Press Road at Patiala. The Civil Court ordered the maintenance of the status quo during the pendency of the proceedings about the possession of this khola. The counsel for the parties are agreed that this order is still in force. During the pendency of this suit on 15-11-1971, the local police made a report before the Sub-Divisional Magistrate, Patiala, for initiating proceedings under S. 145, Cr. P. C. On this report the learned Sub-Divisional Magistrate issued a notice to Mohinder Singh and Dilbagh Rai to file their respective claims about the actual possession on the kotha in his Court on 22-11-1971. On 1-2-1972 the police made another report to the Sub-Divisional Magistrate requesting him for the attachment of the khola as there was imminent danger of the breach of the peace. The learned Sub- Divisional Magistrate agreed with the police, attached the khola, i.e. the subject-matter of the dispute and appointed Tahsildar Patiala to manage the Khola till the fin

























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