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DELHI HIGH COURT
P. K. Jain, J
Smt. Renu Sachdeva – Appellant
Versus
Sub-Divisional Magistrate, New Delhi – Respondent
| Table of Content |
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| 1. initiation under s.145 requires clear evidence of possession. (Para 1 , 2 , 3) |
| 2. parties claimed joint ownership and authority over property. (Para 4 , 5) |
| 3. real possession must be established for jurisdiction; police overreach criticized. (Para 8 , 9 , 10 , 11) |
| 4. final order mandates restoration of possession based on established ownership. (Para 12) |
1. This revision petition is directed against preliminary order passed by Sub-Divisional Magistrate, New Delhi, under S.145(1), Cri P.C. (for short 'the Code') on 11th May 1984, thereby assuming jurisdiction to decide the question of possession with respect to premises bearing No. N-32, Jangpura Extension, New Delhi, under the provisions of the said Section. The said order was made by the Sub-Divisional Magistrate on the basis of police report dt. 21st Jan 1984 made by Police Post Jangpura and the material accompanying it.
2. The facts leading to the aforesaid action of the learned Sub-Divisional Magistrate in brief are that a double room tenement bearing No. 32 (A and B), Block 'N', Jangpura Extension, New Delhi, was allotted to Charanjit Singh Rekhi s/o Shri Nand Singh Rekhi by the Estate Office, Government of India
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