EMPEROR Vs. RAGHUNATH

JUDGEMENT

(1.) 1. The order dated 20th June 1927, passed by Mr. Purshottam Lal, Sub-Divisional Magistrate, Bilaspur, in Miscellaneous Criminal Case No. 27 of 1927, gives no reasons for the decision he has arrived at. The order only contains a very brief statement of some of the facts of the case, does not discuss the evidence adduced by the parties and states no reasons as to why the claim of actual possession by the said Raghunath Singh is true. Such an order is not a decision as required by the law and must be set aside.

(2.) THE preliminary order dated 31st March 1927, does not contain a proper description giving dimensions and boundaries of the land in dispute. This must be done now. The sale-deed, dated 13th March 1927, filed by Bori is about a plot 120 cubits by 20 cubits, while Bhairao Prasad says that he had given a plot 60 cubits by 14 cubits to Raghunath Singh. It is thus clear that the parties are not agreed about the dimensions of the plot in dispute.

(3.) THE reports filed by the Station House Officer, Kota, have not been proved. They are only roznamcha reports and even if proved will not be evidence of the facts mentioned in the reports which must be proved like other facts.