Document Fragment View
Matching Fragments
1. Heard learned advocate for the parties. This application is arisen out of the complaint filed by the member of the society with allegation of selling-out the common plot by fellow member in exercise of what is belonging to him by manipulating with the property-card. At the first blush, the impression is created as if there is an offence of tempering with the Government record, but, as per the allegations made in the complaint, the common plot is equivalent to the measurement mentioned in the property-card, which is alleged to have been forged.
2. Few nagging questions arises, which need consideration viz. (1) The common plot, if sold by complainant for protecting the possession of the common plot, the counsel is unfortunately not in a position to answer this question. (2) The property-card if alleged to have been tempered then, when it is not reflecting the actual size or rather it is reflecting far more land then the complainant, as per the say of the complainant the same could not be subject matter of any avail to either the seller or the purchaser, which will not affect the complainant at all. (3) That why this controversy may not be treated as purely a civil dispute, which has been attempted to be given a colour of criminal proceedings and offence.