CHANDRASEKHAR SINGH Vs. SIYA RAM SINGH

JUDGEMENT

(1.) This appeal is by special leave by the second party in S. 145 of the Criminal Procedure Code proceedings against the judgment of the Patna High Court in Criminal Revision No. 765 of 1976.

(2.) On receipt of a Police Report dated 29-2-1968, proceedings under S. 144 of the Criminal Procedure Code were started on 18-3-1968. The appellants in this Court are the Second Party and the respondents the First Party. The proceedings were converted into one under S. 145, Criminal Procedure Code and the lands in dispute were attached on 14-5-1968. Both the parties claimed title as well as possession of the disputed land with them. The First Party, respondents, filed their documents and nine affidavits in support of their claim while the appellants, Second Party, filed several documents and 12 affidavits in support of their case. The Magistrate on a consideration of the material placed before him found himself unable to decide as to which of the parties had been in possession of the disputed land, and referred the matter to the civil court for a finding on the issue. On a consideration of the materials placed before him the Munsif by an order dated 22-12-1975 found that the appellants, Second Party, were in possession and sent back the records to the Magistrate for disposal according to law. The Magistrate passed an order dated 7-4-1976 in accordance with the finding on the issue as to possession by the Munsif, holding that the appellants, Second Party, was in possession.

(3.) Aggrieved by the order of the Magistrate, the First Party filed a Revision Petition to the High Court. The High Court found that the Munsif had failed to consider the affidavits of either party but decided the question of possession only on the documents. As the Munsif failed to consider the affidavits, the High Court was of the view that the finding as to possession on the basis of documents alone without applying its mind to the affidavits, cannot be sustained. The appellants, Second Party, being aggrieved by the order has come up to this Court by special leave.