Prem Wati vs Lal Singh

Harbans Singh Rai, J.

Smt. Premwati widow of Tirlok Chand was filed this petition under Section 482, Criminal Procedure Code, for quashing the orders passed by Additional Chief Judicial Magistrate, Gurgaon, dated April 16, 1988, and confirmed by Additional Sessions Judge, Gurgaon, dated September, 13, 1988, being against law and facts and amounting to abuse of process of Court.

The facts leading to this petition are that a tractor owned by Tirlok Chand husband of Smt. Premwati petitioner was taken into possession by the police of Sadar Police Station, Gurgaon, in case F.I.R. No. 88 of 1988, under Section 416/418/420/423, and 471, I.P.C. Tirlok Chand is reported to have died in December, 1987. Lal Singh respondent had allegedly purchased this tractor from said Tirlok Chand on December 16, 1987, and according to Lal Singh Tirlok Chand had executed an affidavit testifying the sale and transfer of the said tractor in his favour. According to the allegations in F.I.R. No. 88 of 1988 (supra). Tirlok Chand had not signed this affidavit. A case F.I.R. No. 88 of 1988 has been registered on these allegations.

When the tractor was seized by the police during investigation of the case, Lal Singh moved an application for Sapurdari of the vehicle on the ground of his being the registered owner. Smt. Premwati petitioner had also moved an application for Sapurdari on the ground that she is the widow of Tirlok Chand, last owner of the tractor, and as such she is entitled to the custody of the tractor. She further asserted that Tirlok Chand had never transferred the tractor to Lal Singh. As the tractor belonged to Tirlok Chand, so she was entitled to the custody of the same. Smt. Shanti Devi, mother of Tirlok Chand deceased, also moved an application that she, being mother, is entitled to the custody of the tractor and, therefore, the same may be given to her on Sapurdari. The date of death of Tirlok Chand is also in dispute between the parties, as, according to Smt. Premwati he died on December 13, 1987 and according to Lal Singh he died on December 19, 1987. The alleged affidavit is dated December 16, 1987.

The learned Additional Chief Judicial Magistrate ordered the tractor to be released on Sapurdari to Lal Singh. Smt. Premwati filed a revision in the Court of Sessions. The same was dismissed by Additional Sessions Judge vide order dated September 13, 1988. Hence this petition under Section 482, Criminal Procedure Code.

I have heard the learned Counsel for the parties and gone through the record.

Both the Courts below have been influenced by the fact that Lal Singh is a registered owner of the tractor and hence is entitled to the custody of the same. Both the Courts below have not taken note of the fact that the alleged affidavit, on the basis of which Lal Singh is claiming ownership, has been doubted and a case F.I.R. No. 88 of 1988 has been registered against him. Lal Singh''s title is under investigation as he has been suspected of having committed a crime. As the doubt regarding the genuineness of the affidavit has not been removed and the police is still investigating the case, it will not be fair to act on the affidavit and hand over tractor on Sapurdari to Lal Singh. In this situation it will be better if the Sapurdari of the tractor is given to the natural heir i.e. widow of the deceased. If ultimately Lal Singh''s title is established and his affidavit is found to be beyond suspicion, he can get back the tractor. Normally, the argument of the learned Counsel for the respondents that Lal Singh being a registered owner is a preferable person to get the vehicle on Sapurdari, is valid only in those cases where the registration is not in dispute. In this case, the registration in the name of Lal Singh is the result of an affidavit alleged to have been executed by Tirlok Chand genuineness of which is under investigation. If the affidavit is found to be false, the registration procured on the basis of that affidavit is of no help to Lal Singh. As the matter is under investigation, I would not like to go into the genuineness or otherwise of the affidavit. In the circumstances of the case, it is ordered that the custody of the tractor be handed over on Sapurdari to Smt. Premwati, widow of the deceased.

As a result of the above discussion, I accept this petition and set aside the impugned orders and direct that the tractor in dispute be delivered to Smt. Premwati petitioner on her furnishing Sapurdnama to the satisfaction of the Chief Judicial Magistrate, Gurgaon.