CHET LAL MAHTON AND DEGNARAIN MAHTON Vs. REWA LAL MAHTON AND ORS.

JUDGEMENT

(1.) A common question of law if involved in both these revision petitions and so with the consent of the learned counsels for the parties they are disposed of by this common judgment. The facts of the two cases are little different from each other and hence they are put separately.

(2.) In this case a proceeding under Sec. 145 of the Code was started by the Subdivisional Officer, Jamtara on 24.6.1981 as the Magistrate found that there was apprehension of breach of the peace regarding dispute over some land. A petition was filed by the opposite party (first party) in the court below on 25.6.1981 to attach the land under Sec. 146(1) of the Code on the ground that the season for cultivation had commenced and he was apprehending trouble in cultivation of the land. After hearing the opposite party (first party), the Magistrate passed the impugned order.

(3.) As in the first case, so in this can also the order has been challenged by Sri N.K. Agrawal, learned counsel appearing on sic of the petitioners on the same ground that neither there was material to hold that it was a case of emergency nor the Magistrate recorded any such finding.