THOUNAOJAM NINGOL INDRANI DEVI Vs. GURUMAYUM NINGOL MAINU DEVI

JUDGEMENT

(1.) THIS is a revision petition which in my opinion, must be accepted. The decision of it turns on the consideration of the question whether Section 145 Order 147 of the Cr. P. Code applies to a dispute of this nature.

(2.) THE dispute relates to a Bazar situate at Imphal proper known as Laxmi Bazar. Both the parties claim a right to hold a market there by exposing their goods for sale on the strength of immemorial user. In 1955, the Town Fund Committee erected some sheds on the site for the shop -keepers -Thereafter its successor the Municipal Board allotted seats in those sheds to the second party and there commenced the dispute which gave rise to the initiation of the present proceedings under Section 145 of the Cr. P.C. by the Police, before the A.D.M., Manipur.

(3.) BUT as already stated, the first and most important question to be determined is whether the case at all fell within the purview of Section 145, because if it did not then the learned A.D.M. Could not invoke Section 146 and forward the matter to the Civil Court, as he did.