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1989 Supreme(All) 243

VIRENDRA KUMAR
Jagannath Singh Chauhan – Appellant
Versus
Shakuntala Singh – Respondent


Advocates appeared:
R.K. Singh, Suresh Chandra, Anoop Kumar

JUDGMENT

Virendra Kumar, J.

1. The revisionists through the above said revision petition have challenged the preliminary order passed under Section 145 (1) CrPC dated 7-11-83 contained in Annexure-5 as well as the interim order dated 8-11-83 passed under Section 146 (1) CrPC.

2. Learned counsel for the revisionists has very clearly stated that since the specific provisions of Section 397 and 401 CrPC are applicable he is pressing this petition under these specific provisions, namely, under Section 397/401 CrPC and it is to be treated as revision petition only.

The dispute before the City Magistrate, Rae Bareli was in respect of the house situated in plot No. 11 in the city of Rae Bareli. The said house belonged to Raja Shiv Narain Singh and thereafter it devolved on his wife Smt. Rani Sujan Kunwar According to the revisionists by virtue of sale deed dated 14-6-82 they purchased this property. Thereafter, mutation was ordered in their favour on 4-9-83 and they had come into possession. According to the Opposite Party the property in question was given on rent to the Ladies Club at Rae Bareli in 1934 and since then the Club continued to be in possession of the same. Opposite Party Smt



















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