JIAN Vs. SUDHANSHU KUMAR

JUDGEMENT

(1.) THIS is an application in revision. It arises out of proceedings under Section 145, Cr. P. C. The proceedings were initiated by Sudanshu Ku-mar against Jian and others, who have filed this application before me. The complainant alleged that he was in possession of a plot of land No. 140/1, situate in village Dirwa, police station Itaunja, district Lucknow, and the opposite parties were attempting to dispossess him from the said plot.

(2.) THE trial Court found that Sudanshu Ku-mar was in possession of the plot in dispute and directed that he should be put in possession thereof. This order was not properly worded. Having found that Sudanshu Kumar was in possession, the Magistrate should have directed that he should continue in possession of the plot in dispute until eviction therefrom in due course of law and all disturbance of possession should have been forbidden until such eviction.

(3.) THE matter was taken in revision to the Court of Session and the learned Sessions Judge accepted the finding of the trial Court that Sudanshu Kumar was in possession of the plot in dispute. Another question which was raised before the learned Sessions Judge was that there was no proper preliminary, order under Clause (1) of Section 145, Criminal P. C. That objection was also overruled.