MASIH UDDIN Vs. STATE

JUDGEMENT

(1.) The applicant has come up in revision against an order passed by the learned Magistrate oil 19-7-1950, by which the crops attached were directed to be released in favour of the opposite party i. e., Bhura and others. This order of the learned Magistrate was affirmed by the learned Sessions Judge on 9-3-1951, when he dismissed the application in revision.

(2.) It appears that the applicant, on 26-11-1949, made an application under Section 145, Cr. P. C., as the Mukhtar-i-am of the Mutwallis of a waqf. It was alleged by the applicant that the opposite party, namely Bhura and others, were interfering with the possession of the Mutwallis trustees over a large number of plots of land in village Kalolijar in the district of Namirpur. It was alleged that there was consequently an apprehension of a breach of the peace.

(3.) Notice was issued to the opposite party and proceedings under Section 145, Cr. P. C., were carried on in the Court of the Magistrate. The applicant, in support of his case, filed the Dakhalnama which showed that, in pursuance of a decree for ejectment passed by the revenue Court in a case under Section 180, U. P. Tenancy Act, against Bhura along with some others, proceedings in execution had been carried out by a Vakil Commissioner appointed by the Court and possession delivered to the decree-holder. Along with this piece of documentary evidence some witnesses were also produced by the applicant to support his case.