A Magistrate must ascertain a clear dispute and actual possession before initiating proceedings under S.145, as mere civil claims do not warrant intervention against established possession.

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, vide letter dt. 8th Sept. 1951. The said allotment was made consequent upon his eviction from quarter No. A-23/214, Lodi Road, which he was occupying earlier, on 11th Sept. 1951. Subsequently the Managing Officer/Settlement Officer, Government Built Properties, Department of Rehabilitation, Govt. of India, executed a lease-deed in respect of the said plot measuring 200 sq. yards in favour of Charanjit Singh Rekhi on 16th Jan. 1984. On the same day the Managing Officer also executed a deed of conveyance in respect of the building constructed on the lease-hold site which was a Govt. built property in favour of Charanjit Singh Rekhi. The said documents were duly registered in the office of the Sub-Registrar, New Delhi, on 18th Jan. 1984. In the meanwhile, however, Charanjit Singh Rekhi entered into an agreement to sell the aforesaid premises to Smt. Renu Sachdeva (the present petitioner) on 25th Nov. 1983 for a total consideration of Rs. 3,00,000/-. Shri Rekhi also executed a Special Power of Attorney in favour of Smt. Renu Sachdeva empowering her to manage the property and to represent him to various departments and sign documents etc. on his behalf except that she could sign any document of sale or conveyance with regard to said property. In the Special Power of Attorney it was specifically stated that possession of the premises had been handed over to the vendee and that he would execute the sale deed as stipulated in the agreement to sell in due course.

3. A perusal of the Kalendra submitted by ASI R.K. Ranga to the Sub-Divisional Magistrate on 21st Jan. 1984 for initiation of proceedings under S.145 of the Code would reveal that the said ASI proceeded to the property in dispute on receipt of a telephonic message from the police control room at 4.20 P.M. that a quarrel was going on at premises No. N-32, Jangpura Extension, opposite Eros Cinema. On reaching there he found S/Shri Subhash Narula, a property broker, Smt. Manjit Rekhi w/o Shri Charanjit Singh Rekhi, Harjit Singh, Surinder Sachdeva, husband of Smt. Renu Sachdeva (all called Party No. 1 collectively along with Charanjit Singh Rekhi and Smt. Renu Sachdeva in the Kalendra) and S/Shri T.S. Rekhi, S.S. Rekhi, both sons of Sh. Nand Singh Rekhi and H.S. Sarna, son-in-law of Nand Singh Rekhi, present in the drawing room of the said house. A little later Commander B.S. Rekhi s/o Nand Singh Rekhi too arrived there (all of them collectively termed as Party No. 2 in the Kalendra). Both the parties were quarrelling with each other and were asserting their claim of ownership over the property in dispute. Both the parties were out to fight and commit breach of peace. So, apprehending breach of peace on their part the police turned out both the parties from the house and put their own lock and seal on i