RENGAMMAL Vs. RAMA SUBBARAYALU REDDIAR

JUDGEMENT

(1.) These are two connected revisions preferred against the orders made by the learned Ex-Officio First Class Magistrate, Cheranmahadevi, in M. C. Nos. 36 of 1957 and 2 of 1958 and the opinion of the learned Subordinate Judge of Tirunelveli in C. M. P. 2 of 1958.

(2.) The facts are short: There has been a land dispute regarding possession between Rengammal and Rama Subbaraya Reddiar. The Ex-officio First Class Magistrate, Cheranmahadevi. on account of the complicated questions of law, which arose, proceeded under S. 146(1) Crl. P. C. This section has been newly introduced and states that if the magistrate is of opinion that none of the parties was them in such possession, or is unable to decide as to which of them was then in such possession, of the subject of dispute, he may attach it and draw up a statement of the facts of the case and forward the record of the proceeding to a civil court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute at the date of the order as explained in sub-s. (4) of S. 145, and he shall direct the parties to appear before the civil court on a date to be fixed by him. In this case that procedure was adopted and the learned subordinate, Tirunelveli on receipt of the reference perused the evidence on record and took further evidence produced by the parties respectively, considered the effect of all such evidence, and decided the question of possession so referred to it. The learned Subordinate Judge has sent his findings to the magistrate. The magistrate on receipt of these proceedings has disposed of the matter under S. 145 in conformity with the decision of the civil court. That decision was that the counter petitioner was possession of the lands in dispute on the relevant date and which conclusion was on a consideration of all the circumstance of the case and after preferring the affidavits fired on behalf of the counter petitioner to those of the petitioner.

(3.) Two applications are now preferred, first against the order of the magistrate dismissing the petition and secondly against the opinion of the learned Subordinate Judge transmitted to the magistrate and in conformity of which the magistrate has decided the case.