SUBBA RAO Vs. BVENKATA RAO

JUDGEMENT

(1.) These petitions arise cut of an order passed fay 1st class Magistrate, Sagar under Section 145, Cr. P. C., in a dispute between two rival land-lords through a common tenant. Being satisfied that there was likelihood of breach of peace the learned Magistrate passed a preliminary order on 4-10-50 and ultimately found the first member of the first party to be entitled to possession of the properties until evicted in due course of law.

(2.) Cr. R. P. 132/52-53 is filed by the tenant who is impleaded as the first member of the second party and the other members of the second party have filed Cr. R. P. 133/52-53. Both arise out of a common order and are heard together.

(3.) The facts leading to the petitions are briefly these. It is undisputed that the property in dispute belonged to one Lakshmiah and after his death, his widow Appi alias Gowramma was in enjoyment till 1945 when she died leaving no heirs. The 1st member of the II party was admittedly cultivating the lands on behalf of the owner even from the time of Lakshmiah. After the death of Gowramma, there are rival claimants competing for the title and possession of the properties on the ground of being the nearest heirs to the said Lakshmiah. The 1st member of the I party claiming as the nearest heir is said to be in possession of the properties in dispute as also other properties belonging to Lakshmiah. The 2nd member of the II party has purchased the properties from the 5th member of the II party in the year 1950 and subsequent to that it is stated that the purchaser leased out the properties to the 1st member of the II party. Both the parties admit the 1st member of the II party to be in actual possession of the property; but each of them claims him to be his tenant to the exclusion of the other.