HOW TO DEAL WITH THE CASE PROPERTY WHEN RIVAL CLAIM IS MADE:
Sometimes we may notice that not only the victim but also the accused would claim right over the case property. Particularly, in theft cases, the accused after committing the theft of the property would pledge the same with any bank or financial institution. In those cases, the
financial institution also claims the said property on the ground that it was not aware at the time of pledging the property that the said property was a theft property.
For that, the observations of the Hon’ble High Court in the case of
RAJALINGAM V. VANGALA VENKATA RAMA CHARY ( 1996(2) ALD (Crl) 868) are very much relevant. The facts in the said judgment would disclose that both the accused and the complainant laid serious claim of ownership in respect of the seized property. In those circumstances,
the Hon’ble High Court by relying on the judgment of the Hon’ble Madras High Court in the case of
MUTHAIAH MUTHIRIAN V. VAIRAPERUMAL MUTHIRIAN (AIR 1954 MADRAS 214) observed that the parties would be directed to approach civil court to establish the claim of their right of ownership in respect of the said property. The observations of the Hon’ble High Court reads thus:
“When there was rival claim as to the ownership of the property the learned Sessions
Judge instead of embarking upon to decide it once for all and ordering to hand over the
same to complainant, should have directed the parties to establish their claim before the
competent Civil Court as to the ownership of the property”.