HANUMAPPA Vs. KONDAPPA

JUDGEMENT

(1.) This revision petition is by the First Party in a proceeding under Section 145, Code of Criminal Procedure, against the order dropping the proceedings as the learned Magistrate found that the two contending parties were in joint possession of the land in dispute and withdrawing the order of attachment of the land. The circumstances of the case are as follows:

(2.) The land in dispute originally belonged to two brothers Angadi Munisamappa and Angadi Kanakiah who granted a lease of the land under a registered lease deed dated 15-3-1956 to the two persons who are now the contesting parties, namely, Hanumappa and Kondappa, the latter being the son-in-law of the former. Later on the owners executed a registered usufructuary mortgage in favour of their tenants to secure a sum of Rs. 7,000/-advanced on the mortgage. Some time later, that is on 17-9-1959, the owners sold the land to the mortgagees. According to the first party (the present Petitioner), the lease, the mortgage and the sale were really in his favour solely though the name of his son-in-law, the second party (the present Respondent) was included on account of their close relationship, the first party himself having advanced the whole of the mortgage amount and the purchase price and he has been in possession of the land all through. According to the second party, he was also a real party to all the three transactions as recited in the respective documents and even from the time of the lease the two parties have been in possession of the two portions of the land, the first party being in possession of the western portion and the second party of the eastern portion. The first party complained to the police that the second party was trying to interfere with the crops that he had raised on the land. The police, after enquiry, instituted proceedings under section 145 Cr. P. C. before the District Magistrate, Kolar, who being satisfied that there was a dispute about the land and that there was a likelihood of the breach of the peace, made a preliminary order under Section 145, Cr. P. C., on 15-3-1961 and directed attachment of the land and appointed the Tahsildar, Kolar Taluk, as receiver.

(3.) The learned District Magistrate after enquiry, felt that he was not able to decide which of the parties was in possession of the land in dispute and forwarded the record of the proceeding to the Munsiff, Kolar, to decide whether any or each of the parties was in possession of the land. The learned Munsiff, after enquiry into the matter, came to the conclusion that both the parties were in joint possession and enjoyment of the land in dispute on the date of the preliminary order. On receiving this finding from the learned Munsiff, the District Magistrate heard both the parties and taking the view that when both the parties are found to be in joint possession, the only course open to the Court is to drop the proceedings under Section 145 Cr. P. C., and remove the attachment if attachment had been ordered, passed the order mentioned above. The first party has preferred this revision petition against the order.