Decided on June 01,1961

Sahebali Mondal Appellant
Amirali Mondal Respondents


- (1.) This is an application for revision of an order made by a Magistrate declaring the opposite party first party to be in possession of certain lands which were the subject-matter of a proceeding under Section 145 of the Code of Criminal Procedure.
(2.) It appears that dispute as regards possession of lands described in the old khatian No. 633 and comprised in dag No. 255/ 342 arose threatening a breach of the peace when at the instance of the opposite parties the present proceedings were commenced. The Petitioner who represented the second party contested the proceedings. The learned Magistrate directed the parties to file written statements and put in affidavits in respect of their respective cases. After perusal of the papers and documents field the Magistrate felt that a reference was required to be made under Section 146 of the Code of Criminal Procedure; he accordingly drew up a statement of facts and forwarded the records to the Munsif with a request to decide the question whether any and which of the parties was in possession of the subject of dispute on the relevant date; the parties were also directed to appear before the civil court.
(3.) The learned Munsif who dealt with the matter heard the parties and on a consideration of the materials before him recorded his findings which were reported to the Magistrate, who thereafter made an order declaring that opposite party first party to be in possession of the lands till evicted therefrom in due course of law.;

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