M.C.Jam, J. - (1.) A dispute regarding possession of certain property having its origin in the year 1972 is the subject matter of adjudication in this revision. A brief resume of the case history is being given for appreciation of the controversy.
(2.) On 11-8-1972 the Police of Police Station Laxman Jhoola. District Pauri Garhwal made a report to the Sub-Divisional Magistrate. Lansdown that there was a apprehension or breach of peace over the question of possession in respect of plots No. 1014, 1015, 1016, 1017 and 1018 situated In Village Jaunk Patu Talla Udaipur. P.S. Laxman Jhoola between Swami Kailashanand (respondent No.2) and Swami Ram Kishore Das (revisionist No.2). The preliminary order was passed by the Sub -Divisional Magistrate on 16-8-1972 and the plots in question were attached also and given in the supurdgi of one Bajrangbali. The Sub-Divisional Magistrate court not decide, as to which of the parties was in possession of the disputed plots on the date of preliminary order and two months preceding thereto. Accordingly he referred the matter to Civil Court (Munsif Lansdown) as per Section 146 (1) of the old Cr. P.C. by order dated 19-1-1974. Munsif Lansdown decided the reference on the basis of the evidence as regards the question of possession by judgment dated 22-9-1977 holding that Swami Nitya Gopal Das was in possession of plots No. 1014 to 1017 and P.W.D. was in possession of plot No. 10 18 on the date of issue of preliminary order and within two months prior to that it may be mentioned here that Swami Nitya Gopal Das had been impleaded as a party to the dispute before the making of the reference by the Sub-Divisional Magistrate to the Civil Court. He himself had made an application for being impleaded as a party to the proceedings. It appears that Civil Misc. Writ Petition No. 2212 of 1974 was also filed by the present O.P. No. 2 Swami Kailashanand, which was ultimately dismissed on 13-7-1993.
(3.) O.P. No. 2 Swami Kailashanand made applications to the Sub-Divisional Magistrate dated 31-10-1983 and 10-2-1984. It was stated that Prabhu Das and Ram Kishore Das had come to Laxman Jhoola for some time in 1972 and thereafter they started living at Ayodhya. It was represented by him that the apprehension of breach of peace no longer existed over the question of possession in respect of disputed plots. A report was called for by the Sub-Divisional Magistrate from Station Officer of Police Station Laxman Jhoola whose report supported the contention of Swami Kailashanand. Though no actual notice of such applications was served on the other party (present applicants) by order dated 14-2-1984 the Sub-Divisional Magistrate dropped the proceedings of Section 145, Cr. P.C. and directed for return of the possession of the disputed plots to the party from, whose possession they were attached. A date was fixed for this purpose for the presence of the parties before him. Ultimately, by the impugned order dated 30-5-1984 he recorded a finding that Swami Kailashanand, O.P. No.2 was in possession of the said pots No. 1014, 1015, 1016, lOl7and 1018 at the time of attachment and he accordingly directed for their release in his favour. A direction was made to the S.O. of Police Station Laxman Jhoola accordingly to get the possession delivered from the supurdgi of Bajrang Bali to O.P. No. 2 Swami Kailashanand. It is relevant to mention here that the Fard of attachment dated 21-8-1972 whereby the possession over the plots in question was given to the Supurdgar Bajrangbali did not mention as to from whose possession they were attached but the Sub-Divisional Magistrate recorded such a finding in his impugned order dated 30-5-1984 on the basis of the statement made before him by the Supurdgar Bajrangbali in proceedings held by him (subsequent to 14-2-1984) to decide the factum as to from whose possession the plots in question had been, attached. Matter passing of the impugned order dated 30-5-1984 the possession was got delivered also from the Supurdgar Bajrang Bali to Swami Kailashanand, O.P. No. 2 on 31-5-1984. Aggrieved, the applicants Swami Nitya Gopal Das and Swami Ram Kishore Das have challenged the impugned order dated 30-5-1984 passed by the Sub-Divisional Magistrate.;