N.B. Asthana, J. - (1.) Sahdev Singh the present revisionist filed an application under Section 145 Criminal Procedure Code on 29.12.88 with respect to plot numbers 157 and 208 in village Demapur, P.S. Malwa, Fatehpur with the allegations that Jwala Singh the tenure holder was his cousin brother. He had no son or daughter. He executed a will in his favour on 25.3.85. Jwala Singh died in August, 1985. He thereafter applied for mutation of his name. This application was contested by opposite party No. 2 Bhanu Pratap Singh, claiming himself to be the adopted son of Jwala Singh. The consolidation officer vide his judgment and order dated 8.7.1988 ordered for the mutation of the name of the revisionist. The revisionist was already in possession. He cultivated the land and sowed the crops. On 27.12.88 opposite party No. 2 with some other persons came to the plots in question and wanted to disturb his possession by attempting to cut the crops but he did not allow them to cut crop.
(2.) Report was called for from the police. Preliminary order under Section 145(1) Cr. P.C. was passed on 10.2.1989. Subsequently order of attachment was also passed.
(3.) Bhanu Pratap Singh in his W.S. contended that he is the adopted son of Jwala Singh and even in his life time was looking after the cultivation of the plots in questions and that after the death of Jwala Singh he continues to be in possession thereof. He denied the execution of will by Jawala Singh in favour of the revisionist and stated that the order passed by consolidation officer has not yet become final.;