KRISHNAN Vs. V S JAMAL

JUDGEMENT

(1.) THIS petition coming on for hearing on Wednesday, the 16th day of March, Wednesday the 30th day of March, Friday, the 1st day of April 1977 upon perusing the petition and the order of the Lower Courts, and the record in the case, and upon hearing the arguments of Mr. K. V. Sankaran, for Messrs N. T. Vanamamalai G. Krishnan and M. Dhanasekaran, Advocates for the petitioners and of Mr. I. Subramaniam Advocate for the first respondent and of Mr. A. Packiaraj, for the Public Prosecutor, on behalf of the State, and the case having stood over for consideration till this day, the Court made the following Order:

(2.) ORIGINALLY, the police authorities laid information before the Executive Magistrate (Revenue Divisional Officer) that in relation to an extent of 90 acres of nanja lands out of a total extent of 144 acres in Velarkulam village, there was a dispute between the A Party and the B Party and the dispute was likely to result in imminent breach of peace. The Reveune Divisional Officer passed a preliminary order and attached the land and appointed the village munsif of the locality to be a temporary receiver and harvest the standing crops on the lands. The dispute between the parties is a longstanding one and even from the year 1961 claims and counter claims were being made by the rival parties before various authorities for recognition of their title and right of possession. The settlement authorities, before whom applications were made for issue of ryotwari pattas by both parties, refused to issue patta to either party and it would appear that appeals are pending before the Estates Abolition Tribunal, Tirunelveli regarding the issue of ryotwari pattas.

(3.) THE Revenue Divisional Officer transferred the case to the Judicial Magistrate and, on the orders of the District Magistrate (J), Tirunelveli, the proceedings were transferred to the file of the Addl. First Class Magistrate No. I, Tirunelveli. As the Magistrate could not come to a definite conclusion as to who was factually in possession of the disputed lands, he made a reference, under Section 146 (1) of the Code of Criminal Procedure, 1898, to the District Munsif, Tirunelveli, to give a finding regarding the party in possession. The District Munsif, after hearing both sides, gave a finding that the A Party was in possession of the disputed extent of 90 acres of lands. On receipt of the District Munsif's finding, the Magistrate, who succeeded the Additional First Class Magistrate and whose designation under the new Code of Criminal Procedure had been changed to Judicial First Class Magistrate, acted in accordance with Section 146 (1-B) of the Code of 1898 and passed an order holding that the A Party was in possession of the 90 acres of lands under dispute.