- (1.) S. I. Jafri, J. This application under Section 482 Cr. P. C. has been preferred by Lal Mohammad applicant praying here in that the order dated 28-10-1987 passed by Sub-Divisional Magistrate Deoria, consequent on the application made by Smt. Saira Begum, be quashed.
(2.) HEARD Sri S. D. Pathak, learned counsel for the applicant Lal Mohammad as well as Sri A. K. Singh, learned counssl for the Opposite party Smt. Saira Begum at considerable length. To begin with, a dispute between Lal Mohammad applicant and Smt. Saira Begum and her mother Smt. Masihan over the question of possession over plot No. 196 measuring 10. 34 acres and plot No. 197 measuring 9. 03 acres situate at village Bhikhampur, Police Station Rampur Karkhana, District Deoria, arose with the result that proceedings under Section 145 Cr. P. C. relating to the aforesaid plots were resorted to by the respondent Smt. Saira Begum and her mother Smt. Masihan. Upon being approached by the opposite party under Section 145 Cr. P. C. the learned Magistrate passed an order holding that Opposite Party Smt. Saira Begum and her mother were in possession over the entire land in dispute. Aggrieved by this order, Lal Mohammad applicant preferred a revision before the learned Sessions Judge, who dismissed the said revision vide his order dated 12-11-1984. After certain preliminary discussions as stated supra, I should now pass on to the case of the applicant Lal Mohammad. According to him, the plot No. 196 and No. 197 initially belonged to Kherat Hussain who later died and he was survived by the applicant Lal Mohammad, Riaz Hussain (father of Smt. Saira Begum) and Rabat Hussain. This assertion of the applicant was refuted by Saira Begum, who contended that only Rahat Hussain and Riaz Hussain were real brothers and contenants of the land indispute cosharing the land by halves. Rahat Hussain migrated to Pakistan and his half share in the land in dispute was declared evacuee property. The Custodian Authority disposed of the above property by public auction in favour of Smt. Saira Begum in whose favour a sale-deed was executed on 2-12-1969 and her name was also mutated in the revenue records. Applicant Lal Mohammad made an application for setting aside the aforesaid sale by auction in favour of the respondent Saira Begum, which upon being considered, was dismissed by Asstt. Custodian on 25-2-1986. Subsequently, Lal Mohd. filed a Petition under Section 27 of the Administration of the Evacuee Property Act, which also stood dismissed vide order dated 10-9-1976 of the Deputy Custodian General of Evacuee Property, New Delhi. Further, the case of the Opposite party Smt. Saira Begum is that Riaz Hussain died in the year 1971 and her share in the land in dispute devolved upon his widow Smt. Masihan (mother of the Opposite Party) who had executed a registered will-deed about the afore said hand in favour of the sons of the Opposite party Smt. Saira Begum on 16-6-1981 while she breathed her last in the year 1985. Thus, the half share of Rahat Hussain came to be possessed by respondent and the remaining half share of Riaz Hussain fell to her sons Rizwan Ullah and Moin Ullah. It was further submitted that during the life time of the mother of the respondent, applicant Lal Mohammad started interference with the peaceful possession of the respondent. It was further submitted that the objection of applicant Lal Mohammad before consolidation officer was also rejected vide order dated 8-5-1981 regarding the disputed plot holding the title of the respondent over the property and amaidaramad of the aforesaid order of the consolidation officer was also made in the Khatauni (annexure-1) to the counter affidavit.
(3.) THE learned counsel for the respondent-Opp. party further submitted that having lost his legal battle before Deputy Custodian General as well as in the proceedings under Section 145 Cr. P. C. and also before the Consolida tion Court, Lal Mohammad embarked upon a device to interfere with the peaceful possession of the respondent over the land in dispute and threatened to take forcible possession over the said property to harvest the standing crop. However, the crops standing on the property were harvested by the respondent with the Police aid. Again, later on when the respondent intended to harvest the standing crops on the land, the applicant and his men again extended threats to the respondent to take forcible possessions over the land and harvest the standing sugarcane crop. Finding that the Police aid was not forth coming to the respondent as and when she required, the respondents Saira Begum moved an application dated 16-10-1986 before the Sub-Divisional Magistrate seeking Police aid in order to enable her to harvest the standing crop over the disputed lands. On this application, the learned Sub-Divisional Magistrate called for a report from the Station officer of Police Station Rampur Karkhana. THE Station Officer vide his report dated 23-11-86 intimated the court that Lal Mohd. applicant and his men seem bent upon cutting away the standing crop by use of force and Lal Mohd. and his men are being aggressive as well. Ultima tely, the Station officer also recommended in his report for providing one Platoon of P. A. C. to Smt. Saira Begum so that she could cut away her crop without any interference from Lal Mohammad and other anti-social elements. Smt. Saira Begum respondent also sent an application addressed to the District Magistrate praying there in that she be provided Police force in order to harvest the crops standing on her plots. Now reverting to the appli cation moved before Sub-Divisional Magistrate by the respondent, the learned Sub-Divisional Magistrate issued notice to Lal Mohammad and after affording full opportunity to him of hearing, he passed the order annexed to the petition as Annexure-1 thereby allowing the application of Smt. Saira Begum. The Station officer of Police Station Rampur Karkhana was also directed by him to see that the possession of Smt. Saira Begum over the disputed plots is not disturbed by Lal Mohammad and others.;