PAHALWAN Vs. STATE

JUDGEMENT

(1.) In this revn. an order passed by a Mag. of the first class of Ghazipur, in a proceeding under Section 145, Cr. P. C., is being challenged. The order was made after an inquiry as regards possession over the land in dispute, in the manner laid down in Sub-section (4) of Section 145 of the Code. Having considered the effect of the evidence produced before him, the learned Mag. found that the second party was in possession of the land & the first party was not in possession on the relevant date; and made the order under Sub-section (6) of the same section. The order has been affirmed in revn. by the learned Ses. J. of Ghazipur.

(2.) Learned counsel for the first party has, in this revn., argued that the Mag. ignored two decrees of a competent revenue Ct, under Section 59, U. P. Tenancy Act in favour of the first party; and that in face of those decrees the order in question could & should not have been made The decrees were merely declaratory in nature; and it was admitted before the Mag. that they had been obtained ex parte & an appln. for setting aside the decrees was pending. The Mag. had to consider the effect of the evidence produced before him; and, in the circumstances, he was entitled to ignore the decrees.

(3.) It has, however, been pointed out by the learned counsel that the appln. for setting aside the ex parte decrees has since been rejected; but that does not alter the situation. Having found that the second party was in possession on the relevant date, the Mag. had to make an order, under Sub-section (6) of Section 145, Cr. P. C., declaring the second party entitled to possession of the land, releasing the same (along with the crops) in their favour & directing that they shall remain in possession until evicted therefrom in due course of law. So far the second party have not been evicted from the land in dispute. Consequently, the order is still operative.