- (1.)This is a revision petition filed by the petitioner against the order of the learned City Magistrate, Bangalore in Cr. Mis, No. 131 of 1955, holding that respondent-first party was entitled to remain in possession of the disputed property until evicted therefrom in due course of law.
(2.)The facts that have given rise to this petition are briefly as follows : Proceedings were started by the police under Section 145 of the Criminal Procedure Code in Cr. Mis. No. 131 of 1955 on the file of the learned City Magistrate, Bangalore, in connection with a dispute between the petitioner-2nd party and the respondent-1st party in relation to a atrip of land lying between premises No. 3 belonging to the petitioner and No. 4 belonging to the respondent in Miller Boad, Civil Station, Bangalore. The learned Magistrate enquired into the matter and held that there was no dispute with respect to the property in question and that there was no likelihood of any breach of the peace and observed that the proceedings should not have been initiated at all. In view of this conclusion arrived at by him, the attachment was withdrawn and the subsequent proceeding's were set aside. In addition to this, he also gave a declaration that the respondent-first party was entitled to continue in possession of the disputed property until he was evicted therefrom in due course of law. As against that order, this revision petition is preferred.
(3.)The main contention raised by the learned Counsel for the petitioner is that the learned Magistrate had no jurisdiction to pass an order declaring that the respondent was entitled to continue in possession until he was evicted therefrom in due course of law in the light of his own earlier finding that no dispute existed with respect to the property in question and that there was no likelihood of a breach of the peace.
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