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1979 DIGILAW 536 (ALL)

Janki v. Sukhlal

1979-04-27

H.N.AGARWAL

body1979
JUDGMENT H.N. Agarwal, Member. - This is an application for transfer of a case under Section 209, U.P. Z.A. and L.R. Act (Lallu Ram and another v. Sukhlal and others) pending in the Court of Sri Abdul Alim Khan, Sub-Divisional Officer, Purwa, district Unnao to another Court or to some other district. 2. I have heard the learned counsel for the applicants and have considered the report of the Sub-Divisional Officer. The opposite parties have been represented by a counsel who did not appear to argue the case. 3. In Lalita v. State of Bihar, A.I.R. 1957 Patna 198 a learned Judge has observed as follows: "Therefore, if there are circumstances in a case, which raise a reasonable apprehension in the mind of the person applying for transfer that he would not receive fair dealings at this trial, or in other words, that he may not have a fair and impartial trial, and may not get justice in the court where the suit is pending, the case should be transferred. In such a case, in order to decide whether the facts and circumstances are sufficient to raise such a reasonable apprehension in the mind of the party applying for transfer, the could should put himself in such a party's armchair; and then alone the Court is at liberty to place himself in the position of, and, the same situation in which the party himself stood, with the knowledge of all the facts with which the party was acquainted, and then only the court can see and judge for himself how these facts would have affected the party's mind, and, if they are reasonable and sufficient to raise the reasonable apprehension complained of in the mind of even a reasonable person." 4. Applying the above principle, I find that this is a fit case for transfer. Applying the above principle, I find that this is a fit case for transfer. The Affidavit filed by the plaintiff Ballu Ram says that he is an old man of eighty-one years and the other applicant Srimati Janki is a widow that Srimati Janki apprehends danger to her life from Baleshar, son of opposite party No. 1 Sukhlal; that Baleshar is a Block Pramukh and also a member of the District Congress Committee, Unnao and has visiting terms with the Sub-Divisional Officer whose father has been the Principal of the Government Inter College, Unnao for the last over five years, that Baleshar had been exercising influence on the Sub-Divisional Officer as explained in the affidavit, and that the applicants have thus a reasonable apprehension in their mind that they would not get justice from the said court. 5. The Sub-Divisional Officer has admitted in his report that Abdul Alim Khan was a son of the previous Principal of the Government Inter College, Unnao, and that Baleshar son of opposite party No. 1, is Block Pramukh and has been appearing in the court and signing the order sheets though he is not a party. Thus, there is good reason for the applicants to apprehend that there would be interference in the case if it is tried in district Unnao and they may not get justice. 6. Accordingly, I hereby allow the transfer application. The case is transferred from district Unnao to district Lucknow.