MUNSHI RAM Vs. R G ANAND

JUDGEMENT

(1.) This revision petition is in consequences of a report submitted by Shri J. D.Jain. Additional Sessions Judge, Delhi, under Section 438 of the Criminal Procedure Code, recom- mending that the order dated the 20th of July 1970, passed by Miss Rewa Lal, S.D.M. Delhi, be quashed and that Munshi Ram, who was the petitioner before him, be declared as having been in possession of the land in dispute on the date when the preliminary order under section 145 (1) of the Criminal Procedure Code (hereinafter called "the Code'') was passed and within two months preceding that date.

(2.) . Shri Ram Kishan, A.S.I. Kalkaji submitted a report dated the 5th of October, 1968, to the S D.M. of the area detailing the allegations made by Shri R G. Anand and stating that there was apprehension of breach of peace between the parties on account of a dispute concerning agricultural land. The S.D ML dealing with the report passed two orders OB 10th of October, 1968, which are:-

(3.) . The learned Additional Sessions Judge, Delhi, dealing with the petition preferred under Section 435 of the Code noticed that the land was originally owned by Munshi Ram but Shiban who had sold it hav- ing been at one time a tenant, was declared a Btiumidhar. Being aggrieved, Munshi Ram and his brother moved an application under sections 85 and 67(D) of the Delhi Land Reforms Act impugning the declaration of Bhumidbari rights in favour of Shiban and after holding an inquiry the Revenue Assistant in terms of his order dated the 23rd of November, 1966, held that Munshi Ram and his brother were entitled to Bhumidhari rights and declared them as such. Shiban's appeal against that order was found to have been dismissed by the Additional Collector on the 10th of May, 1967. After going through the affidavits filed by the parties, the two orders, mentioned above, and the judgments made by the civil courts, to which reference will be made, the Additional Sessions Judge recommended that the order passed by the S. D. M. on the 20th of July, 1970, be set aside.