BISSE GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners were the members of the second party in 0. M. C. No. 17 of 1966 in the Court of the Sub. Divisional Magistrate, Kolar. In that case, the present respondents were the members of the first party. Proceedings had been taken under Section 145 of the Criminal P.C., in respect of survey No. 1 of Doddakari village of Bangarapet Taluk. The preliminary order had been made by the Magistrate on 27.4.1966 and the final order was made on 16-10-1967. It is the validity of this final order that is now attack, ed in this criminal revision petition.

(2.) I have heard Sri Byra Reddy, Advocate for the petitioner, Sri V. Tarakaram who has appeared for the respondents and Sri Rego Advocate, for the State Public Prosecutor.

(3.) The conclusion which has been reached by the learned Magistrate in his final order to the effect that as on the date on which the preliminary order had been made, the members of the first party were in possession at land to which the dispute petitioned, has been made after a consideration of the documentary evidence (which consisted of certain documents like, lease deed, mortgage deed and also affidavits filed by the parties and other persona.) Having regard to the view which I propose to take in the case, I consider it unnecessary to express any opinion in regard to the correctness or otherwise of the view taken by the learned Magistrate in his final order, on the question of possession.