The main legal principle established in the judgment is the duty of the receiver, as a trustee, to restore possession of the property to the rightful claimants in accordance with the orders of the Court.

Satish Kumar Mittal, J. - The petitioners Prem Pal and his wife Smt. Shakuntla have filed this petition under Section 482 of the Code of Criminal Procedure for issuing directions to respondent No. 3 to hand over the possession of the property in question to them in compliance with the orders dated 30.11.1994 and 3.4.2002 passed by the Sub-Divisional Magistrate, Jalandhar.

2. The brief facts of the case are that there was a dispute about the possession of the property in question i.e. No. 908/B, situated in Arjan Nagar, Nirmal Kutia, Jalandhar between one Khushi Ram, father of Smt. Shakuntla on the one hand and one Kulwant Rai Gill, who claimed himself to be the General Secretary of Balmiki Sabha, Jalandhar. On an application moved by the aforesaid Khushi Ram about the unnecessary interference in his possession by Kulwant Rai Gill, a Calendra was prepared by the police under Section 145 Criminal Procedure Code and presented in the Court of Executive Magistrate, Jalandhar (respondent No. 2 herein) on 8.4.1986. After considering the police report and the respective stands of the parties, the Executive Magistrate vide order dated 23.4.1986 attached the property in question under Section 145 Criminal Procedure Code and appointed SHO, Police Station, Division No. 3, Jalandhar (respondent No. 3 herein) as a receiver of the property under Section 146 Criminal Procedure Code with the directions that all the rooms situated in the property in question be sealed until the matter was decided by the Court of competent jurisdiction.

3. It is the case of the petitioners that the property in question was belonging to one Sant Darshan Singh who had handed over the same to the afore-said Khushi Ram (father-in-law of petitioner No. 1 and father of petitioner No. 2) for the purpose of worshipping the tomb of Baba Rode Shah. At one point of time, the Punjab Wakf Board filed a suit for possession regarding this property against the aforesaid Sant Darshan Singh. In the said suit, it was decided that the said Darshan Singh was the absolute owner of the property and the Punjab Wakf Board was nothing to do with the same. It was further held that the aforesaid Darshan Singh allowed the afore-said Khushi Ram to work as Sewadar and after his death, the petitioners started living there.

4. It has also been averred that Kulwant Rai Gill (the second party) also filed a suit for permanent injunction is the Civil Court regarding this property claiming the same as an evacuee property belonging to the Muslims as transferred by the Government to the Punjab Wakf Board. It was alleged that a Balmiki temple was constructed over the land in question and Khushi Ram was kept as a Sewadar by the Balmiki Sabha. After his death, the property in question was being looked after by one Babu Ram, Sewadar. Thus, it was alleged that the petitioners were having no concern with the possession of the property in question.

5. It has also been averred in this petition that the petitioner-Smt. Shakuntla also filed a suit for permanent injunction against the aforesaid Kulwant Rai Gill restraining him from taking forcible possession of the property in question from her. The said suit was also decreed by the Civil Court in her favour and it was held that at no point of time the Balmiki Sabha was in possession of the property in question which was held to be in possession of Smt. Shakuntla (petitioner No. 2). The said judgment became final between the parties.

6. It was further averred that once again the matter regarding ownership and possession of the property in question was agitated in the Civil Court by the Balmiki Sabha in which the possession and ownership of petitioner No. 2 was upheld. Against the said judgment, an appeal was filed by the Balmiki Sabha which was dismissed by the Additional District Jalandhar vide his judgment dated 5.6.1986.

7. After considering all the aforesaid judgments delivered by the Civil Court in different suits and appeals, the Sub-Divisional Mag