- (1.) THIS application in revision has been filed by Jhaoboo against Laxmi Narayan and others. The facts leading to this case may be summarised as follows:- Sewak Ram, father of Laxmi Narain, opposite party No. 1 and Rajendra Narayan, opposite party No. 2 filed an application under Section 145, Cr. P. G. , on September 4, 1964, against his son Rajendra Narayan, opposite party No. 2; upon which a preliminary order was passed by the Sub-Divisional Magistrate, Hardoi, on 12-11-1964 directing attachment of the agricultural land, subject-matter of dispute. On 1-2-1965, the agricultural plots mentioned in para. 1 of the application and certain crops detailed therein were placed in the custody of Jhabboo, applicant as a supurdar by S. I. Jamna Narain of Police Station, Baghauli and a duly executed supurdaginama was obtained from Jhabboo. Meanwhile, Sewak Ram had died and this fact was reported to the Sub-Divisional Magistrate on 12-11-1964, who passed the following order:- "i have heard the learned counsel for the parties and I have seen the file. The applicant Sewak Ram has died. The opposite party is his son Rajendra Narayan. Now after the death of the applicant the question of succession of his legal heirs has to be decided from the competent Court. In this case the landed property including the crops in dispute has already been attached and given to the Supurdar. No further action under Section 145, Cr. P. C. , appears necessary and as such I order that the proceedings under Section 145, Cr. P. C. be dropped. The attached property should be released. The S. O. Baghauli will in the meantime keep a watchful eye over both parties as a case under Section 107, Cr. P. C. is already; pending between the parties. Sd/- Illegible, 3-3-65. Magistrate 1st Class, HARDOI"
(2.) ON 4-3-1965 a Robkar was issued from the Court of the said Magistrate to P. S. Baghauli containing the direction that the Supurdar may be asked to keep the property under attachment until the question as to who is the legal heir of Sewak Ram deceased is not decided and proper accounts regarding the attached property should be maintained by him. The report of the police on the back of this Robkar dated 5-3-1965 shows that intimation of this order by the Magistrate was given to the Supurdar as well as the two sons of Sewak Ram deceased. This order of the Magistrate appears to have been served on Rajendra Narayan, opposite party No. 2 on 9-3-1965.
(3.) ON 8-3-1965, the said Magistrate directed the S. O. P. S. Baghauli that the attached property may be released in favour of the person from whose possession it was attached and a discharge receipt may be filed in Court.;