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Judgment
5 paragraphs · 379 wordsS.S. Sodhi, J.
The matter here concerns the release of a motor vehicle namely a tempo No. PUJ 8247 on superdari. There were two claimants to this tempo, one being the respondent Lakhvinder Singh who is the registered owner thereof and the other being Sarwan Ram who claims to have purchased this tempo from Lakhvinder Singh. To establish this purchase, he sought to rely upon an affidavit said to have been executed in his favour by said Lakhvinder Singh. Lakhvinder Singh denied his signatures on this affidavit but according to the trial Magistrate who had occasion to compare the signatures of Lakhvinder Singh with his purported signatures were indeed of said Lakhvinder Singh.
The other circumstance which was strongly relied upon by Mr. Ashok Kumar, the learned counsel for the petitioner Sarwan Ram was that the registration certificate of the tempo was produced by Sarwan Ram as also the challan chit. Further, it was pointed out that the tempo was taken into possession by the police from its driver Hardev Singh. This Hardev Singh was admittedly the employee of Sarwan Ram.
It was in the context of the facts as brought out above, that the learned counsel for the petitioner rightly contended that prima facie it was Sarwan Ram who had a better claim for release of the tempo on sapurdari than Lakhvinder Singh. The mere fact that the registration certificate of the tempo was in the name of Lakhvinder Singh could not, it was argued, explain away the actual possession of the tempo being with Sarwan Ram when it was taken into custody by the police or the fact that the registration certificate and the challan chit were produced by Sarwan Ram and what is more, the signatures on the affidavit were also as per the trial magistrate, those of Lakhvinder Singh.
Such thus being the circumstances here, the impugned order of the Session Judge releasing the tempo on sapurdari to Lakhvinder Singh is hereby set aside. Lakhvinder Singh is directed to surrender the tempo forthwith to the Station House Officer of Police Station, Rahon, District Jalandhar. It shall then be released on sapurdari to Sarwan Ram on his furnishing security to the satisfaction of the trial Magistrate. This revision petition is thus, accepted.