Crl. Misc. No.M-40868 of 2007 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-40868 of 2007 Date of decision: October 08, 2010. Mohan Singh & Ors. ...Petitioner(s) v. Sub divisional Magistrate, Ajnala & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri M.S. Khaira, Senior Advocate, with Shri Dharminder Singh, Advocate, for the petitioner(s). Shri Raghbir Chaudhary, Sr. Deputy Advocate General, Punjab, for respondents No.1 & 2. Shri Narinder Lucky, Advocate, for respondents no.3, 4 and 8. Kanwaljit Singh Ahluwalia , J. (Oral): Dal Singh, his wife Sawinder Kaur and Kulwinder Kaur had filed a suit for possession regarding land measuring 25 kanal 12 marlas. The civil suit was decreed vide judgment dated 12.5.1992, Annexure P-1 and ex-parte decree was passed and they were held to be in possession. Regarding another piece of land measuring 67 kanal 7 marlas, they had filed another suit against Dalip Singh and Ajit Singh, sons of Labh Singh. The same was also decreed vide judgment dated 25.7.1992, Annexure P-2. Vide judgment Annexure P-2, family of Dal Singh was held Crl. Misc. No.M-40868 of 2007 -: 2 :- entitled to possession and the plea of the respondents that they have become owners because of adverse possession was declined. However, in terms of judgment Annexure P-2, actual physical possession has not been deliverd to the family of Dal Singh. The impugned order dated 25.4.2007 (Annexure P- 5) passed by Sub Divisional Magistrate, Ajnala called upon the parties to state in writing as to whether they were in actual physical possession of the property or not. A perusal of judgment Annexure P-2 reveals that family of Dal Singh was held entitled to possession but there is no definite averment to say whether the decree has been executed and they have been put in possession of the land or not. Counsel appearing for the petitioners has drawn my attention to the affidavit submitted by Dalip Singh, Partap Singh and Sawinder Singh, respondents No.5, 6 and 7, that they never prayed for institution of proceedings under Section 145 Cr.P.C. The question of fact, which is to be determined, is whether in pursuance of the judgment Annexure P-2, actual physical possession has been delivered to the family of Dal Singh or not. Therefore, this being a question of fact, can only be proved after the parties adduce their evidence. Sub Divisional Magistrate, Ajnala had passed the impugned order appointing SHO, Ajnala as a Receiver on 30.4.2007. Impugned order was stayed by this Court. Therefore, for the last more than three years, ground realities may have changed. Hence, the impugned order dated 25.4.2007 (Annexure P-5) is modified to the extent that the land shall not be attached and the Receiver shall not be appointed. However, the parties shall appear before SDM, Ajnala who shall conclude the proceedings under Section 145 Cr.P.C. within three months after affording opportunity of hearing and Crl. Misc. No.M-40868 of 2007 -: 3 :- leading evidence to the concerned parties. Disposed of. [Kanwaljit Singh Ahluwalia] October 08, 2010. Judge kadyan