SAJJAD ALI Vs. LIAQAT ALI

JUDGEMENT

(1.) THIS is an application for revision against the judgment and order dated 17th August, 1991 passed by the Additional Sessions Judge (Special Judge) Bareilly, in Criminal Revision No. 142 of 1991 Liaqat Ali and others v. Sajjad Ali and others setting aside the order dated 6th March, 1991 passed by the Additional City Magistrare, Bareilly, in Criminal Case No. 9/90 under section 145 CrPC P. S. 3aradari, Bareilly City. The following facts are not disputed.

(2.) ACTING on a Police report dated 17-6-1979 that there was an immediate apprehension of breach of peace regarding the disputed land situate in Mohalla Sufi Tola P. S. Baradari district Bareilly, the City Magistrate passed a preliminary order on 17-6-1979. Thereafter, the land in dispute was allotted by the City Magistrate, Bareilly on 25-10-1979. Sajjad Ali, the applicant was the first party in the case while Shaukat Ali was the second party in the case before the learned Magistrate. Subsequently, Nawab Ali Samdhi of Shaukat Ali and Ashfaq Ali were also made as second party in the case. Both the first party as well as the second party staked their claim to the land in dispute claiming that they were the owners in possession of the same. Written statements were filed by Sajjad Ali, Shaukat Ali, Nawab Ali and Ashfaq Ali. The case remained pending in the court of the City Magistrate and none of the parties has stated before me the reasons as to why the case remained pending for such a long time. Shaukat Ali died on 7-1-1991 and Nawab Ali had predeceased him some time in September, 1990.

(3.) IT is against this order dated 17-8-1991 that Sajjad Ali has come in revision. I have heard the learned counsel for the parties at some length.