Sen, J. - (1.) This revisional application is directed against an order of the lower appellate court, namely, the Additional Sessions Judge, 1st Court, Alipore, setting aside an order passed by a First Class Magistrate, Alipur, under section 522(1) of the Code of Criminal Procedure for restoration of possession.
(2.) The facts of the case are briefly as follows:
(3.) The petitioner Jnanendra Nath Chakraborty describing himself as shebait of a deity styled Sree Sidheswar Shiva at Purba Putihari was occupying the land around the deity's temple and the land was fenced round by him and within the fence he grew fruit trees and flower plants. He was in occupation of the land for a few years without taking any lease from the Irrigation Department of the Government which owns the land. On 30th December, 1953, in the early hours the opposite parties entered into the land by breaking down a portion of the fence, damaged the flower and fruit trees and raised some huts. On this allegation the petitioner filed a case against the opposite parties and the opposite parties were tried in respect of charges under sections 447 and 427 of the Indian Penal Code for causing mischief exceeding Rs. 50. The learned Magistrate convicted the opposite parties and sentenced them to pay certain fines. He also directed restoration of possession by his order under section 522(1) of the Code of Criminal Procedure in the following terms: "As I find that the accused persons forcibly raised huts on the land in possession of P. W. 1 as shebait of the deity, I under section 522(1) direct the accused persons to restore to P.W. 1 (the petitioner) the land of which P.W. 1 has been dispossessed by them within one month from this date.;