J.N. Takru, J. - (1.) Sohan Lal and Ram Autar have filed this revision against the judgment and order of the learned Temporary Civil and Sessions Judge, Mirzapur, whereby he upheld, in revision, the order passed by the learned SDM Robertsganj in favour of Ram Sagar, opposite party No 2, Under Sec. 145(6) Code of Criminal Procedure.
(2.) The brief facts giving rise to this revision are these: On 15 -10 -1963 Ram Sagar, opposite party No. 2 filed an application against the Applicant and Nanhai opposite party No. 3, in the court of the SDM Robertsganj praying that action might be taken on it Under Sec. 145 Code of Criminal Procedure. The learned SDM called for a police report and after satisfying himself that a dispute likely to cause a breach of the peace concerning the land in dispute existed as alleged by opposite party No. 2, passed a preliminary order, as also an order attaching the subject of dispute and the crop standing thereon.
(3.) In response to the preliminary order both the parties filed written statements, affidavits and documents in support of their respective claims as respects the fact of actual possession of the subject of dispute and Sohan Lal and Ram Autar also raised a preliminary objection that as a Suit instituted by Sohan Lal in respect of the same land Under Sec. 229B of the UPZA and LR Act was pending in the same court (i.e. the court of the SDM Robertsganj), the proceedings Under Sec. 145 Code of Criminal Procedure were misconceived and were liable to be quashed. The learned SDM overruled the preliminary objection and after considering the affidavits etc. of the parties "passed the order under revision in favour of Ram Sagar, opposite party No. 2 and the same was upheld by the learned Temporary Civil and Sessions Judge Mirzapur.;