DULLA Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Additional Sessions Judge of Unnao recommending that the order passed by Sri Niaz Ulla, bub-Divisional Magistrate, Hasanganj Unnao, under Section 145, Criminal P. C., directing that the disputed property be released in favour of the opposite parties Dwarka and others be set aside.

(2.) It would appear that the applicant Dulia had presented an application under Section 145, Criminal P. C., against Dwarka and others in respect of plot no. 138 detailed therein alleging that the plot in question was his tenancy land and that he was in possession of it. After calling for a police report the trial Court passed an order on 13-11-1950, that the said plot and the crop standing thereon be attached. Both the parties were called upon to file written statements in the case. Each of them claimed to be the tenant in possession of the plot in dispute. They were required to produce evidence in support of their case.

(3.) The learned Magistrate minutely examined the evidence adduced by each of the parties and as a result of the findings thus arrived at on their respective claims and on the question of possession finally passed an order releasing the property in favour of Dwarka and others. The applicant Dulla went up in revision against the said order. The revisional Court has made a reference to this Court for setting aside the impugned order. I am of opinion that this reference must be accepted.