- (1.) N. B. Asthana, J. This revision has been directed against the judgement and order dated 28-5-1990 passsed by S. D. M. Bhadohi now district Gyanpur in case No. 19/111/1983 under Section 145, Cr. P. C. holding that the first party were in possession of the house and the land in dispute within two months of the date of the preliminary order and directing that the attached house and land released in favour of the first party.
(2.) THE subject-matter of dispute is plot No. 2/1 area 3 biswansi and plot No. 3/1 area 6 biswansi situate in Mohalla Salamat Khan in Bhadohi town. It messures 20" x 65" boundaries of which are given in the applica tion moved under Section 145, Cr. P. C. Application under Section 145, Cr. P. C. was filed on 5-4-1983 by Akhlaq Ahmad, opposite party No. 1 in this revision claiming that he was in possession over the land in question as it was ancestral property. He constructed rooms over the aforesaid land after getting a map sanctioned from the Municipal Board and that the second party namely, Dr. Wahid Ali Ansari without any right or title wants to take forcible possession of the subject-matter of dispute. Report from the police was called for. By the report dated 11-4-1983 the police recommended for initiating action under Section 145, Cr. P. C. The S. D. M. concerned accordingly passed preliminary order on 30-6-1983. On 6-4-1983 Akhlaq Ahmad moved an application for attachment under Section 145, Cr. P. C. The attachment order was passed on 23-6-1983. The contention of the revisionist is that the land in question was purchased by him on 9-11-1981 by opposite party Nos. 5 to 7 and thereafter his name was mutated in revenue records. He then applied for the sanction of the plan to make constructions and opened a medical shop. On U-2-19cj2 opposite party No. 3 Shabbir Ahmad made complaint to Municipal Board about these constructions. His contention is that he was in possession of the land in question as far back as 11-2-1982 and since the report of the police for taking action is dated 11-4-1983, he was in possession of the subject-matter of dispute within two months of the date of preliminary order and as such the property should have -been released in his favour. It is also his contention that the notice by Nagar Palika for demolishing the contructions is dated 13-4-1982 while the police report for taking action under Section 145, Cr. P. C. is 11-4-1982.
(3.) SUIT No. 350 of 1982 Waqil Ahmad and others v. Mahamood Anwar and others, was filed in the court of Munsif Bhadohi with respect to this very land. That suit, however, is not between the parties. Only the revisionist is party to the suit. The opposite parties have not been arrayed as defendants. The proceedings under Section 145, Cr. P. C. were decided on 7-6-1984 by the then S. D. M. , Gyanpur. He upheld the possession of Akhlaq Ahmad over the subject-matter of dispute. Dr. Wahid Ali Ansari then pre ferred Criminal Revision against that order which was registered as Criminal Revision No. 32 of 1984 Dr. Wahid Ali Ansari v. State of U. P. and Akhlaq Ahmad. It was decided on 11-10-1985 by the then Addl. Sessions Judge, Gyanpur, Varanasi. He allowed the revision, set aside the order dated 7-6-1986 and directed the S. D. M. to decide afresh the question of possession in accordance with law and in the light of the observations made in body of the judgment.;