Bombay High Court Restores Possession to Romell Housing LLP in Property Dispute
High Court Sets Aside Sessions Court's Order, Emphasizes Preventive Nature of Section 145 Cr.P.C.
In a significant ruling, the Bombay High Court has restored possession of disputed land to Romell Housing LLP, overturning a previous decision by the Sessions Court. The High Court's judgment, delivered by Justice Amit Borkar, emphasized the preventive nature of proceedings under Section 145 of the Code of Criminal Procedure (Cr.P.C.), which focuses on identifying actual possession to prevent breach of peace, rather than adjudicating ownership or title.
The case arose from a property dispute involving land situated in Dahisar, Mumbai, with an area exceeding 68,000 square meters. Romell Housing LLP had claimed lawful possession following a series of conveyances and deeds from the original landowners. However, possession was contested by Sameer Salim Shaikh, leading to complex legal proceedings that included allegations of dacoity and criminal trespass.
Initially, the Metropolitan Magistrate had ruled in favor of Romell Housing LLP, recognizing their possession and directing the Court Receiver to hand over the property. The Sessions Court later set aside this decision, prompting Romell Housing LLP to file a revision application with the High Court.
Justice Borkar's judgment highlighted the limited scope of Section 145 Cr.P.C., stating that the inquiry should focus solely on actual physical possession at the time of dispute, without delving into ownership issues. The judgment criticized the Sessions Court for applying rigid standards of evidence akin to civil trials, which is inappropriate for Section 145 proceedings. It noted that the applicants demonstrated possession through a series of acts, such as placing cabins, erecting fencing, hiring security guards, and paying statutory dues, which outweighed oral assertions made by the respondents.
The High Court restored the Magistrate's order, directing the Court Receiver to hand over possession to Romell Housing LLP. It also instructed the Receiver to seek police assistance if necessary to ensure peaceful execution of the order.
The judgment clarified that the ongoing CBI investigation and any related criminal proceedings would continue independently of this decision, underscoring that the ruling pertains only to possession under Section 145 Cr.P.C.
The legal community is keenly observing this case, as it reaffirms the principles governing preventive jurisdiction under Section 145, emphasizing the importance of maintaining peace and order in property disputes.
Bottom Line:
Section 145 Cr.P.C. - Proceedings under Section 145 are preventive and summary in nature, aimed at preserving peace by identifying and protecting the party in actual possession of disputed property on a given date, without deciding ownership or title.
Statutory provision(s): Section 145 Cr.P.C.
Romell Housing LLP v. Sameer Salim Shaikh, (Bombay) : Law Finder Doc Id # 2779453
