RADHESHYAM Vs. JWAKIM

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code, 1973'), the Petitioner has challenged legality and propriety of the order dated 20-1-2011 passed by the Sessions Judge, Sessions Division, Jashpur in Criminal Revision No. 13/2004, affirming the order dated 26-8-2004 passed by the Sub Divisional Magistrate, Bagicha in Criminal MJC No. 7/2004, whereby learned Sub Divisional Magistrate has declared the possession of Respondent No. 1 under Section 145 of the Code, 1973.

(2.) Brief facts necessary for disposal of this petition are that the Petitioner has purchased 0.06 acre of land of Khasra No. 106/1 situate at Village Bagicha from one Mahadev Sai - member of ST by agreement dated 26-8-89, out of the area 0.42 acres, thereafter on 19-10-2001 Mahadev Sai sold 0.06 acres of land of Khasra No. 106/1 to Respondent No. 1. On the basis of aforesaid sale deed, Respondent No. 1 tried to dispossess the Petitioner and tried to cause breach of peace. On the aforesaid ground, petition under Section 145 of the Code, 1973 was filed before the Court of Sub Divisional Magistrate, Bagicha, on behalf of the Petitioner.

(3.) By filing reply, Respondent No. 1 has denied the adverse allegation and specifically alleged that the Petitioner is not member of Scheduled Tribe and was not competent to purchase the property from tribal i.e. Mahadev Sai and that the alleged agreement is illegal. Respondent No. 1 has further alleged that previously in the year 1981-82 revenue proceeding under Section 170B of the Madhya Pradesh/ Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959') has been initiated against the Petitioner at the instance of Mahadev Sai and finally possession was handed over to Mahadev Sai. Revenue appeal was also dismissed vide order dated 9-7-1984. The Petitioner along with other unsocial elements broken the lock of Respondent "No. 1 and has entered into possession over the disputed property including the house on 21-11-2001. Respondent No. 1 lodged report to the police. The Petitioner has forcefully obtained possession over the suit property on 21-11-2001.