Devi Prasad Singh, J. - (1.) Heard the learned Counsel for the petitioner as well as learned Standing Counsel. Cause list revised none present for the opposite parties.
(2.) The brief fact of this case is that the opposite party No. 4 had moved application under section 145 against one Naim and Raza (opposite parties No. 5 and 6) in the Court of City Magistrate, Lucknow. After hearing the parties the City Magistrate could not decide which party is in possession of land in question, hence he had referred the matter to Munsif South, Lucknow, to decide the factum of possession. The Munsif South, Lucknow, had given a finding by order dated 2nd August, 1981, holding that Ram Chandra the first party was in possession. Accordingly, the City Magistrate, Lucknow, relying upon the decision of Munsif South by order dated 25th October, 1973 arrived to the conclusion that the first party is in possession and thereafter by an order dated 10th October, 1973 declared that the first party Ram Chandra was in possession within two months from the date passing of preliminary order and plot in question was released in his favour.
(3.) The S.O. police station Hasanganj, Lucknow, had submitted a report on 21.7.1974 to the City Magistrate that for the land in dispute one Munna and 48 other person have raised construction and they are residing in their respective houses and therefore, it is not possible to deliver the possession of the same to the first party, i.e., Ram Chandra. After receipt of police report City Magistrate issued notice to all the persons who are total 48 in number. Out of 48, 45 persons including the petitioner had filed objection claiming their right on the plot in question. The proceeding was held ex parte and even before Munsif South, Lucknow, the objectors were not party. Accordingly, the factum of finding relating to possession passed by the Munsif South was violative of principle of natural justice. The submission before the City Magistrate was that constructions were raised long ago before the proceeding under section 145 of Cr. P.C.;