LAL CHAND Vs. SMT AMARAUTI

JUDGEMENT

(1.) RAM Niranjan, husband of Sm. Amravati, was the owner of the property in dispute. He died leaving his wife Sm. Amravati and a daughter. Lal Chand, a collateral of Ram Niranjan, set up a deed of gift alleged to have been executed by Sm. Amravati. She filed suit No. 490 of 1957 in the Court of Munsif, Gyanpur, for cancellation of the deed of gift, on the allegation that She had not executed any deed of gift and She was in possession of the property. The suit was decreed on the 22nd September, 1960, Sm. Amravati was held to be in possession of the property. Lal Chand filed an appeal which is still pending. On the 14th November, 1960 Sm. Amravati made an application under Section 145 Criminal Procedure Code on the allegation that Lal Chand wanted to obtain forcibie possession and there was an apprehension of the breach of the peace. The Sub -Divisional Magistrate called for a report from the police which reported on the 12th February, 1961 that there was an apprehension of the breach of the peace between the parties. Acting on the police report the Sub -Divisional Magistrate made a preliminary order of attachment on the 1st March, 1961.

(2.) IN spite of the decision of the Munsif holding Sm. Amravati to be in possession of the property, Lal Chand contested the possession of Sm. Amravati. Therefore the parties were required to file affidavits in support of their respective contentions. On a consideration of the affidavits, and particularly the decision of the Munsif, the Sub -Divisional Magistrate came to the conclusion that Sm. Amravati had been in possession of the property. He therefore made an order under Section 145 (6) Criminal Procedure Code declaring Sm. Amravati to be entitled to possession until her eviction in due course of law and forbidding all interference with her possession.

(3.) LAL Chand made an application in revision to the Sessions Judge, Gyanpur. In the opinion of the learned Sessions Judge the affidavits were not properly verified and could not be read in evidence, and as the appeal filed by Lal Chand was pending the proceedings under Section 145 Criminal Procedure Code were not maintainable. He has therefore made this reference for setting aside the order of the Magistrate.