J.N. Takru, J. - (1.) SRI Laxmi Shankar has filed this application in revision against the judgment and order of the learned Additional District Magistrate (J), Agra rejecting his revision application and refusing to make a reference to this Court against the judgment and order of Sri Shyam Sunder, a learned 1st Class Magistrate of Agra.
(2.) THE brief facts giving rise to this revision are as follows: On 6 -8 -1962 Sri Sheo Dayal, one of the opposite -parties to this revision made an application to the Superintendent of Police Etawah stating that Sri Laxmi Shankar, the Applicant aforesaid, wanted to forcibly encroach upon his land which was surrounded by bamboo fencing and was being used for keeping his bamboos and Ghura, as a result of which there was an apprehension of breach of peace. The Superintendent of Police forwarded that application to the SHO Kotwali for enquiry and report. The SHO submitted his report, dated 12 -8 -1962, stating that both the parties were asserting their possession over the said land and there was imminent danger of breach of peace due to that dispute. Thereupon Sri R.D. Sharma, the learned City Magistrate, Etawah passed a preliminary order in respect of that land on 30 -8 -1962 and also ordered its attachment pending final decision of those proceedings. Accordingly the land in question was attached on 8 -9 -1962 and given in the superdigi of one Mohammad Ibrahim. Subsequently on 25 -5 -1963, an application was moved by Sri Krishna Swarup as guardian of his minor nephew Sri Ashok Kumar, contesting the claim of Sarvashri Sheo Dayal and Laxmi Shankar and praying that Sri Ashok Kumar be also made a party to those proceedings. The application was allowed and the same day all the parties were directed to file by 6 -6 -1963 all their evidence in support of their respective claims as regards the fact of actual possession over the disputed land, which they did. The learned Magistrate, different from the one who passed the preliminary order and order of attachment, after assessing the evidence adduced by the parties held that Sri Sheo Dayal was in possession over the subject -matter of the dispute on the date of the preliminary order and within two months next prior thereto. He, therefore, passed an order declaring Sri Sheo Dayal to be entitled to possession thereof restoring his possession thereto and forbidding all disturbance of such possession until his eviction therefrom in due course of law. Sri Laxmi Shankar went up in revision against that order to the court of the Additional District Magistrate (J), Agra and when he failed there as well, he filed the present revision in this Court. A similar revision application by Sri Krishna Swarup on behalf of his minor nephew was also rejected by the learned A.D.M. (J), Agra but as he appears to have submitted to the orders passed against him we are not concerned with him in this revision. On behalf of the Applicant his Learned Counsel Sri B.S. Darbari vehemently contended that as the findings of the learned Magistrate were not passed upon any legally admissible evidence, they were perverse and liable to be set aside. After hearing the Learned Counsel for the parties I am, however, satisfied that the aforesaid contention has no merit. I shall, therefore, proceed to state my reasons for coming to that conclusion, after detailing the rival allegations of the parties.
(3.) SRI Laxmi Shankar's case is that he purchased 12 agricultural plots, bearing numbers 1435 to 1437, 1442, 1443 and 1445 to 1451 and comprising; a total area of 389 acres, by a registered sale -deed dated 29 -4 -1941 from Sarvashri Suresh Chandra and Harish Chandra and obtained possession of them thereafter. Subsequently on 9 -6 -1962 he sold some of those plots in their entirety and some in parts to the extent of 3.31 acres to the UP Roadways and prior thereto he had sold 37 acre out of some of those plots to a number of person. Thus after the sale to the UP Roadways, the Applicant had -02 acre in plot No. 1451, -07 acre in plot No. 1448 and 12 acre in plot No. 1450 (i.e. total 21 acre) left with him, which he enclosed by angle irons and barbed wire and was in possession of at all material times. On 12 -8 -1962 Sri Sheo Dayal, with the help and assistance of a number of persons dismantled those angle irons and barbed wire and spirited away most of them, though some were still lying on the spot. According to Sri Laxmi Shankar Sri Sheo Dayal was never in possession of the disputed plot nor had he ever anything to do with it.;