GULAM FARID MIAN Vs. AHMAD BHATHIHARA

JUDGEMENT

(1.) This application in revision by the members of the second party is directed against the final order passed against them by the Executive Magistrate , Bhabua, in a proceeding under Section 147 of the Code of Criminal Procedure, 1898 (hereinafter called the Code).

(2.) The disputes relate with respect to two Galis ; one between Holding Nos. 214 and 212, on the one side, and Holding Nos. 217 and 217/1, on the other and another between Holding nos. 217 and 217/1, on the one side, and Holding No. 218, on the other, as also mentioned in the proceeding in question. The proceeding was started on the basis of a police report dated 23.2.1970 on a petition filed by the first party on 14.2.1970 before the SubDivisional Magistrate, Bhabua.

(3.) The case of the first party was that the two Galis were connected on the southern side with Bhabua-Chand metalled road and on the nothern side with a Gali further north running east to west, and that the first party and other persons whose houses stood contiguous to these Galis were using the same as passage for egress from and ingress to their houses for a long time. The members of the second party, who are recent purchasers of Holding Nos. 217, 217/1 and 218, wanted to create obstruction to the aforesaid user and to raise constructions covering the Galis in question by showing the Galis as part and parcel of their purchase.