Keshwanand vs Lalman and others

Sandeep Sharma

Being aggrieved and dissatisfied with the order dated 16.10.2017, passed by the learned Civil Judge (Junior Division), Court No.2, Ghumarwin,

District Bilaspur, Himachal Pradesh, whereby an application under S.151 CPC, having been filed by the petitioner-defendant No.1 (hereinafter,

‘defendant’), seeking therein police assistance to restrain the plaintiffs-respondents (hereinafter, ‘plaintiffs’) from causing any

interference in his peaceful possession and for issuance of a direction to remove the lock allegedly put by the plaintiffs on the room possessed by the

defendant, came to be dismissed, defendant has approached this court in the instant proceedings filed under Art. 227 of the Constitution of India.

Facts, as emerge from the record are that in a suit for declaration having been filed by the plaintiffs, Lok Adalat held on 23.11.2013, ordered the

parties to maintain status quo qua nature and possession of the suit property, however, despite status quo order, plaintiffs forcibly put lock on the room

in question. Since, despite repeated requests, plaintiffs failed to open the lock of the room, defendant was compelled to move the application referred

to herein above, seeking therein police protection and direction to remove lock allegedly put by the plaintiffs, however, the fact remains that the

application was dismissed by the learned Court below vide order dated 16.10.2017. Learned Court below, while passing order dated 16.10.2017,

returned the finding that the defendant was unable to show that at the time of passing of order dated 23.11.2013, i.e. when status quo was ordered, he

was in possession of the room in question.

Careful perusal of communication dated 31.8.2017, which has been otherwise taken note of by the learned Court below in the impugned order,

suggests that till 31.7.2017, room in question was in possession of the Anganwari Centre and on 31.7.2017, same was vacated and till then rent was

being paid to the defendant, as has been stated by Ms. Reena, in the aforesaid communication. Since in the aforesaid communication, Ms. Reena, has

categorically stated that she did not know that who was owner of the room in question when she vacated the premises, court below ought to have

afforded an opportunity to the parties to lead evidence to prove their possession. But, in the case at hand, learned Court below, without assigning any

cogent and convincing reason, proceeded to arrive at a conclusion that no document has been placed on record by the defendant to prove that at the

time of passing of the status quo order on 23.11.2013, he was in possession of the room in question, whereas, communication dated 31.8.2017, which

has been discussed herein above suggests otherwise.

Consequently, in view of above, this court, without going into the merits of the order passed by learned Court below, deems it fit to remand the case

back to the learned Court below to decide the application afresh. Learned Court below, while deciding the matter afresh, would frame issue with

regard to possession and thereafter shall afford an opportunity to the parties to lead evidence. However, it is made clear that the entire exercise would

be completed within a period of one month from the date of receipt of a copy of this judgment so that no unnecessary delay is caused in final

conclusion of trial, which is hanging fire since 2014.

Accordingly, in view of above, order dated 16.10.2017 passed by the Civil Judge (Junior Division), Court No. 2 Ghumarwin, District Bilaspur,

Himachal Pradesh in CMA No. 433-6 of 2017 is quashed and set aside. The petition stands disposed of accordingly. All pending applications stand

disposed of. Interim directions, if any, are vacated. Record, if any received, be sent back forthwith.

Learned counsel for the parties undertake to cause presence of their clients on 10.12.2018, before learned Court below, on which date, learned

Court below shall frame issues and afford an opportunity to the learned counsel representing the parties to lead evidence and thereafter matter would

be decided by it, within the time frame set herein above.

Registry to send a copy of this judgment to the learned trial Court forthwith enabling it to comply with the same.