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1987 Supreme(P&H) 124

M.K.CHAWLA
Indubhai Patel – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.N. Lekhi, Senior Advocate with Mr. Rajiv Nayyar and Ms. Sushma Sachdeva, Advocates.
For the Respondents:Mr. D.R. Sethi, Advocate and Mr. Suman Kapur, Advocate.

JUDGMENT

M.K. Chawla, J. - The question that requires determination in this criminal revision is : whether an interim order of a Civil Court of competent jurisdiction in a title suit, to maintain the status quo in respect of the disputed property, which is prior in time, can be defeated by an order of Sub Divisional Magistrate under Sections 145 and 146 of the Code of Criminal Procedure. Even though the proposition appears to be simple but the points raised in the case have made it difficult to answer. To resolve the controversy a few relevant facts need mentioning.

2. Premises No. 7, Jantar Mantar Road, New Delhi is owned by the Trust called Sardar Vallabh Bhai Patel Samarak Trust. In May, 1977, the Trust let out the western wing of the first floor and the entire ground floor to Janta party, a national political party at a monthly rent of Rs. 2100/-. Even since then, the Janta Party is in actual, exclusive and physical possession of the premises under their tenancy. Sometime in the year 1979, with the permission of the Trust, the Janta Party constructed three rooms on the eastern wing of the second floor of the building. This portion was put to use for its Youth wing, known as Yuva












































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