AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner has filed this petition under Section 482 of Cr.P.C., against the order dated 28.09.2007 passed by the trial Court in Cr. Revision No.212/2007. The aforesaid revision was filed against the order dated 14.6.2007 passed by the Sub Divisional Magistrate Huzur District Rewa in Case No.04/2007.
Respondent No.1 Anwar Ulhak filed an application under Section 133 of Cr.P.C., against the respondent No.2 and other persons who were tenants of a house. He pleaded that house is in dilapidated condition. It is situated in main market at a public place. People used to visit market and if the house be collapsed, there would be danger to the life of many persons. Respondent No.1 wants to reconstruct the house after demolition.
The petitioner and other persons opposed the application. They pleaded that the respondent No.1 wanted to any how get possession of the shops in which the petitioner and other persons were doing their business as tenants. Before the Magistrate the other persons who were tenants filed their affidavits. They admitted the fact that the condition of the house was dilapidated and it requires renovation/construction.
Assistant Engineer of the Municipal Corporation Rewa filed his report and mentioning the fact that the condition of the house was dilapidated and if it is not constructed, there would be danger to the life of many persons.
The Sessions Court recorded findings that before the Court other tenants Mr. Ramesh Kumar Soni, Rajesh @ Raju Soni, Shambhudayal Soni, Rajkumar, Ashok Kumar Soni, Gopaldas Manjhi filed their affidavits and they accepted the pleading of the respondent No.1 landlord that the house was in a dilapidated condition and it may be fell down at any time. The house is situate at the center place of the market and people used to visit market in a large numbers. One of the tenant Mr. A.K. Soni left the premises, because he had fear that the house may fall down at any time. Assistant Engineer of Municipal Corporation Rewa also filed an affidavit and stated that the condition of the house is alarming and it may fall down at any time.
In this view of the matter, in my opinion, both the Courts have rightly recorded the findings to the effect that the condition of the house is alarming and it could fall down at any time and there may be danger to the life of various persons. The petitioner can very well get reentry after construction of the house. Hence, there is no error of jurisdiction committed by both the Courts. Consequently, I do not find any merit in this petition filed under Section 482 of Cr.P.C., to invoke the extra- ordinary jurisdiction of this Court. It is hereby dismissed.
In view of dismissal of the petition, the interim order dated 25.01.2008, shall come to an end.