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BAIL APPLN. 1620/2012
BALRAJ SINGH RATHI ..... Petitioner
Through: Mr. Prakash Gautam, Adv.
Through: Ms. Jasbir Kaur, APP for the State.
SANJAY RATHI
Through:
Complainants. ..... Petitioner Mr. Prakash Gautam, Adv.
STATE & ORS. ..... Respondents
Mr. Pramod K. Tiwari, Adv. with Mr. A.K.Singh, Adv. for R-2 to 4/
Complainants.
HON'BLE MR JUSTICE G.P. MITTAL
/o 27.02.2013
ORDER
1. It is urged by the learned counsel for the Petitioners that the Petitioners have been falsely implicated in the case. He states that on 28.01.1991 Smt. Vimla Devi purchased a piece of land measuring 1000 Sq.Yds. out of Khasra No.161 (4-16), situated at Village Rajpur Khurd, Tehsil Mehrauli, New Delhi on the basis of a registered Sale Deed. It is stated that out of the said 1000 Sq.Yds. of land, Smt. Vimla Devi sold 600 Sq.Yds. of land in favour of one Bhanwar Lal on the basis of General Power of Attorney, Agreement to Sell, etc. etc. on 05.07.1996. It is urged that Bhanwar Lal sold various portions of land out of that 600 Sq.Yds. of land to different persons and Respondents No.2 to 4 purported to derive title from successors of earlier said Bhanwar Lal. 2013:DHC:8165
2. According to the Petitioners, remaining 400 Sq.Yds. of land was sold by Smt. Vimla Devi to one of the Petitioners, namely, Balraj Singh Rathi on 04.02.2012 on the basis of General Power of Attorney, Agreement to Sell etc. He was also delivered possession of the earlier said 400 Sq.Yds. of land.
3. It is the case of the Petitioners that a Civil Suit on the original side of this Court was filed by the Petitioner Balraj Sing Rathi for injunction and specific performance etc. And he was granted injunction with regard to his possession.
4. Learned counsel for Respondents No.2 to 4 urges that the said Civil Suit has since been dismissed in default by the leaned Single Judge by order dated 14.12.2012 and that proceedings are being initiated against the Petitioners to declare them PO.
5. I have considered the facts and circumstances of the case. Admittedly, Petitioner Balraj Singh Rathi derives title through Smt. Vimla Devi who admittedly sold only 600 Sq.Yds. of land to Bhanwar Lal through whom Respondents No.2 to 4 claim titles; Petitioner Balraj Singh Rathi also filed a civil suit on the original side of this Court seeking specific performance of the contract and for injunction and was also granted injunction. Dismissal ofthe suit in default in December, 2012 and the fact that the proceedings were initiated to declare the Petitioners as PO would not deter this Court to grant protection to the Petitions when prima facie they are in possession of the land on the basis of documents which have been confirmed by Vendor Vimla Devi.
6. It is, therefore, directed that in the event of his arrest, the Petitioners shall be admitted to bail on their furnishing Personal Bond in the sum of ~25,000/- each with one surety in the like amount each to the satisfaction of the 10/SHO concerned, subject to the conditions that they shall join the investigation as and when required by the SIISHO concerned.
7. The Petitions are allowed in above terms.
8. The date 02.04.2013, already fixed stands cancelled.
9. Pending applications also stands disposed of.
10. Dasti.
FEBRUARY 27, 2013 vk ?· G.P. MITTAL, J.