SARADA Vs. N. PENNAMMA

JUDGEMENT

(1.) The petitioner who is the B-party in M. C. No. 9 of 1978, a proceeding under S.147 of the Code of Criminal Procedure, seeks to revise the order passed against her directing that she should vacate from the Chira mentioned in the schedule appended to the order within seven days of receipt of the order. According to the petitioner, she is a landless agricultural labourer who has been residing since 1974 in a shed put up on the Chira which is a poramboke land comprised in Sy. No. 764/I. C. in Alleppey village and she has applied to the Government for assignment of the said land in her favour and the application is pending consideration before the Revenue Authorities; while the A-party, the first respondent herein, maintained that the Chira in question is portion of 88.3 cents of land purchased by her, that she has been in possession of the same and that the B-party trespassed upon this property.

(2.) It was on the basis of a report made by the Sub Inspector of Police, Alleppey South, that the Sub Divisional Magistrate, Alleppey, passed a preliminary order under S.147 Cr. P. C. directing both parties to appear before him on March 1, 1978 at 11 a. m. to file documents and affidavits and also to adduce evidence, if any, in support of their respective claims. It is said that in pursuance of this order, the parties appeared before him and filed written statements. It is seen from the order challenged before this Court that the B-party produced a copy of the application for assignment of the land, a memo received from the Revenue Ministry and a written objection in support of her contentions. The order under challenge does not disclose A-party having produced any evidence either oral or documentary in support of her contentions.

(3.) The counsel for the petitioner attacked the order contending that the order is illegal, that the order is not based on any evidence adduced on the side of the A-party and that the entire procedure adopted is wrong.