Vishnudeo Narayan, J. - (1.) THIS Revision has been preferred by second party petitioners Ishwar Tuddu and others against the impugned order dated 1.11.1989 passed in Criminal Miscellaneous Case No. 291 of 1986 tied up with Criminal Miscellaneous Case No. 255 of 1986 whereby and whereunder possession of first party O.P. Shankar Murmu and others was declared in respect of the land in dispute appertaining to Zamabandi No. 9 situate in village Karanpura P.S. Hiranpur in the District of Sahebganj now Pakur and second party petitioner were also directed not to disturb the peaceful possession of the first party O.P. till otherwise ordered by some competent Court of law.
(2.) THE facts giving rise to this Revision are as follows : - - The first party O.P. send a petition through registered post to the Sub -Divisional Officer, Pakur on 6,5.1986 stating therein that the land of Zamabandi No. 9 situate at village Karanpura P.S. Hiranpur stands jointly recorded in the name of Thakur Murmu and Kanhu Murmu sons of Chhoto Jaddu Murmu and Mattu Murmu and Shankar Murmu (First Party before the Court below) sons of Samal Murmu. It has been alleged therein that Kanhu Murmu died issueless and Thakur Murmu also died leaving behind a son Jaddu Murmu who also died leaving behind two daughters, namely, Champa Murmu and Manjhang Murmu and the marriage of the aforesaid two daughters of Jaddu Murmu was performed in the ordinary form. It is also alleged that Champa Murmu was married with second party petitioner Ishwar Tuddu and Manjhang Murmu was married with second party petitioner Madan Hasda and Champa Murmu has died about ten years ago in the house of her husband Ishwar Tuddu aforesaid and Manjhang Murmu is residing with her husband Madan Hasda in his village Manglapara P.S. Pakur. It is also alleged that Thakur Murmu and Kanhu Murmu had no heirs and as per the customary law of the Santhals, the entire land of Thakur Murmu and Kanhu came in possession of first party O.P. who are in the actual physical cultivating possession over the said land and the second party petitioners want to create disturbance in the peaceful cultivating possession of the first party O.P. with the help of the musclemen of the locality and the prayer was made for taking steps for safety of the life and property of the first party. The Sub -Divisional Magistrate, Pakur forwarded the petition of the first party O.P. to the O.C. Hiranpur P.S. for enquiry and report. Thereafter, the O.C. Hiranpur submitted his report as per Non FIR No. 5 of 1985. The Sub -Divisional Magistrate, Pakur perused the report and ordered for initiation of a proceeding under Section 144 of the Cr PC against both parties vide order dated 19.7.1986 directing both the parties to show cause fixing 5.8.1986 and restrained both the parties from going to the land of Zamabandi No. 9 aforesaid.
(3.) IT further appears that Ishwar Tuddu aforesaid had earlier filed a petition on 20.6.1986 before the Court of Sub -Divisional Magistrate, Pakur against first party O.P. aforesaid for initiating a proceeding under Section 145 of the Code of Criminal Procedure in respect of the land of Zama -bandi No. 9 which gave rise to Criminal Miscellaneous Case No. 255 of 1986 which was amalgamated with Criminal Miscellaneous Case No. 291 of 1986 vide order dated 19.8.1986.;