ARJUN SINGH Vs. SINGESHWAR CHOUDHARY

JUDGEMENT

(1.) This is an application in revision against the order of the Subdivisional Magistrate, Khagaria dated the 19th December, 1958 in a proceeding under Section 145. Code of Criminal Procedure. By this order, he declared the first party to be in possession of the disputed land.

(2.) One of the points taken by the learned counsel in support of this application is that the affidavits tiled by the parties have not been taken into consideration by the learned Magistrate, Learned counsel referred to the following observations of the learned Magistrate:--

(3.) In the result, this application is allowed, the order of the learned Magistrate dated the 19th December, 1958 is set aside and the case is sent back for disposal in accordance with law.