Decided on February 21,1952



Ramaswami, J. - (1.) This is a criminal revision case which has been filed against the order made by the Sub-Divisional Magistrate of Dhone in M.C. No. 2 of 1950 on 21-121950.
(2.) The facts are: The dispute in this case relates to two items of lands situated at Dharmavaram, hamlet of Dhone. On 12-6-1947 the A party put in a petition before the then Sub-Divisional Magistrate of Dhone alleging that in respect of four items of lands shown in the schedule annexed thereto there was a dispute between him and the B party respondents likely to cause a breach of the peace and praying that action should be taken against the B party respondents under Section 145, Criminal P. C. This petition was forwarded to the Sub-Inspector of Police, Dhone. On the report of the Police dated 20-6-1947, the learned Magistrate passed a preliminary order on 25-6-1847 directing both sides to put in written statements of their respective claims. Both sides, after this preliminary order, put in their respective written statements. In the course of the enquiry that followed it was discovered that the real dispute between the parties was not with regard to the four items of land, described in the A party respondent's petition dated 12-0-1947 in respect of which properties the preliminary order dated 25-6-1947 was issued but with regard to only two other lands viz., an extent of 1.50 acres within specified boundaries of S. No. 755/A of a larger extent bearing the name of Mulakonda chenu 'alias' Chendiah chenu and an extent of 2.50 acres within specified boundaries in S. No. 753 of a larger extent bearing the name of Namagiriah chenu 'alias' Bapana Ramiah Chenu. On the discovery of this error the Additional First Class Magistrate of Nandyal to whom the case had been sent for disposal passed a second preliminary order on 24-12-1947 in respect of these two items of properties. Both parties filed fresh written statements. The learned Magistrate passed an order on 31-3-1948 under Sub-section (6) of Section 145 declaring the second respondent of the B party to have been in possession and entitled to possession of the two items until evicted therefrom in due course of law.
(3.) In the meanwhile after the first preliminary order dated 25-6-1947, the learned Magistrate on a petition put in by the A party ordered attachment of the properties and appointed the Sub-Inspector of Police, Dhone, as Receiver with a direction that the Receiver should take possession and lease the lands for 1947. The Sub-Inspector of Police took possession and has been cultivating the lands.;

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