VIJAYAMMA Vs. JACOB

JUDGEMENT

(1.) The Petitioner who is B-party in a proceeding initiated under S.145 of the Code of Criminal Procedure, 1973, seeks to revise the order of the Court of Session allowing the revision petition field by A-party and referring the question of possession of the property in dispute to the Munsiff for a finding thereon.

(2.) On the basis of a report received from the Sub Inspector of Police, Kanjiramkulam, and being satisfied that a dispute likely to cause breach of peace existed between A and B parties concerning the possession of 43 3/4 cents of land with a building thereon comprised in Sy. Nos. 149/6A and 149/6B in Karimkulam village, the Sub Divisional Magistrate, Trivandrum, started proceedings under S.145 of the Code of Criminal Procedure and passed a preliminary order. Considering the case to be one of emergency, the Sub Divisional Magistrate attached the property with the building thereon. Thereafter both parties adduced evidence in support of their respective contentions and the Sub Divisional Magistrate stating that "this is not the proper forum to adjudicate the disputed possession over an extent of 31 cents of land in Sy. Nos. 149/6A and 149/6B of Karimkulam village" stayed further proceedings and the case was "transferred to the Munsiff's Court" for decision along with a case already pending there.

(3.) This order was challenged by A-party in Crl. R. P. No. 34/76 before the Court of Session, Trivandrum. The learned Sessions Judge found fault with the Sub Divisional Magistrate for having referred only the dispute regarding a portion of the property to the Munsiff and modified his order and referred the dispute regarding the entire property and the building thereon to the Munsiff for a finding regarding the possession.