The Hindu : Trespass case against woman quashed

Online edition of India's National Newspaper
Friday, Jun 13, 2003

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Trespass case against woman quashed

By Our Staff Reporter

NEW DELHI JUNE 12. The Delhi High Court has quashed a case, of forcibly taking into possession a house (trespass), against a woman who claimed that she had pledged his property to the complainant for a loan of Rs. 5 lakhs in Paschim Vihar in South Delhi.

On a complaint by B.M. Popli that the petitioner, Ms. Romila, had trespassed into his house as she had sold her property to him, the Paschim Vihar police had registered a case of trespassing against the woman.

Civil suits by Ms. Romila and Mr. Popli against each other about the ownership of the property (WZ-II, Jawahar Market, Paschim Vihar) are pending in the lower court since 1992 and the court has granted injunction in favour of Ms. Romila.

In her petition filed through her counsel, Ms. Kailash Golani, Ms. Romila claimed that she was the lawful owner and in possession of the property while Mr. Popli's suit challenged the claim of Ms. Romila submitting that Ms. Romila had sold the property to him and the possession of the property was handed over to him when part payment was made.

Both the plaintiffs accused each other of forging and fabricating documents to prove their respective claim over the property.

Arguing the case for Ms. Romila, Ms. Golani submitted that her client had taken a loan of Rs. 5 lakhs from Mr. Popli and that it was settled for Rs. 6 lakhs for final payment whereas the latter submitted that no loan was transacted and that Ms. Romila had forged the settlement documents.

Quoting the injunction order, a Division Bench comprising Justice Usha Mehra and Justice Pradeep Nandrajog said that as of today the stay operates in favour of Ms. Romila and against Mr. Popli from interfering in her possession of the property in question.

"In this view of the matter, it prima facie cannot be said that she had trespassed her own property,'' the Division Bench said in its order.

``We are of the view that the question of trespass of the property, which belongs to the petitioner till such time as suits are decided, does not arise,'' the Bench said.

``Therefore, under these circumstances when the matter is already sub-judice before a civil court for determining the title and right of the parties, we are of the view that criminal proceedings prima facie would not be maintainable. We accordingly quash the FIR,'' the Bench said.

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