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Judgment
This is a revision petition against the order of Sessions Judge, Jammu dt. 2341982.
Heard learned counsel for the petitioner. It appears that the petitioner here in and the respondent have relations as tenant and Landlord. The
petitioner is a tenant. He has filed a suit against the landlord in a civil court and obtained an order of status quo as he was being threatened eviction.
Some four days after the order of the civil court, the landlord filed an application u/s 145 Cr.P.C. and got the property in question attached as a
result of which the tenant was turned out.
Mr. Daljit Singh has referred to a number of judgments and especially judgments referred to in JKLR : 1970.391 and 1982 (KLJ) 537 I have
considered the submissions and I am of the view that whenever a civil suit is pending between the parties with regard to the properties, criminal
litigation with regard to the same property was uncalled for criminal courts should desist from taking any action in regard to any such criminal
matter, when a civil suit with regard to the same subject matter of the dispute is pending in a civil court. Accordingly I am of the view that the order
passed by criminal court attaching property u/s 145Cr. P. C. was not proper and the eviction of the tenant from such property after attachment
was not in accordance with law. Accordingly the order of learned Session Judge, Jammu dt. 2341982 and that of Munsiff Judicial Magistrate
Jammu dt. 21121981 are hereby set aside. The petitioner herein i. e. the tenant may approach the civil court i. e. Sub Registrar Munsiff, Jammu for
further necessary orders in view of what has been stated above.
The record be immediately sent to the quarters concerned.
5 The revision petition is accordingly allowed and disposed off.