- (1.) This revision under Sections 397/401 of the Code of Criminal Procedure, is directed against the Judgment and'Order of the V! Additional Sessions Judge, Varanasi, dated 22/05/1986.
(2.) , At the instance of revisionist's father, the Senior Superintendent of Police, Varanasi directed the concerned police station to make inquiry in the allegations of his complaint, Thereupon, the Chaubeypur police on inquiry found that there was an apprehension of breach of peace in respect of possession over the disputed land and a report under Section 145, Cr, P. C. was submitted to the Sub-Divisional Magistrate concerned. On that report of the police, preliminary
(3.) order dated 19-6-1983 was passed and the Magistrate subsequent thereto on 25-6-1983 passed order for attachment under Section 146; Cr. P. C. The first party Sri Ram Chaubey placed his title and possession over the disputed land through a sale deed dated 4- 10-1974 executed by one Kamla Rai. the transferee of the original owner Smt. Indrawani Devi. The present revisionist Kailash Nath, the second party presented his claim before the Magistrate stating that the property in dispute originally belonged to one Smt. Indrawani Devi widow of Ram Adhar. She had executed a Will-dated 1-2-1973 in favour of Sharda Prasad Singh and Nageshwar Prasad Singh. After her death, the aforesaid two persons became the owners of the property in dispute and they executed an agreement;