MOHANSINGH Vs. KISHANLAL

JUDGEMENT

(1.) THIS is a revision against an order of the Sub-Divisional Magis-trate, Ballabhnagar, dated 8th February 1951. A revision to the Additional Sessions Judge, Udaipur was dismissed on 25th April, 1951.

(2.) THE proceedings started on a complaint by Kishan Lal that he was in possession of four bighas of land in Kheroda known by the name of 'maleti' and had raised jwar crop thereon, but the opposite party, in order to take possession of that land, had destroyed the crop and was bent upon taking possession of the same, and there was likelihood of a breach of the peace. In the same application he prayed that the land be attached until the decision of the proceedings. Learned Magistrate directed issue of notice, and on notice being issued, a written statement was filed by the opposite party Mohan Singh who asserted his own lawful possession. Evidence was recorded and the Magistrate by an order dated 8th February 1951, declared that Kishan Lal was in possession of the field on the date of the preliminary order, and he forbade Mohan Singh from interfering with that possession until eviction of Kishan Lal in due course of law. On behalf of Mohan Singh, a revision was filed to the Court of Sessions Judge, Udaipur on the grounds that the preliminary order recorded by the Magistrate and the notice issued in pursuance thereof were not in accordance with law. THE learned Addl. Sessions Judge, who disposed of the revision, observed that the orders of the learned Magistrate were not in accordance with law but no prejudice had been caused to Mohan Singh. He considered that the order of the lower court was not one which should be interfered with. THE petition was accordingly dismissed.