AYODHYA NATH Vs. GANGA PRASAD

JUDGEMENT

(1.) This criminal reference arises out of an application, under Section 145, Criminal P. C. given by two persons, namely, Ganga Prasad & Sham Behari who were the first parties in the case. The second parties in the case were Lala Ajodhia Nath, Tiloki Nath, Shambhu, Jogai, Dularey Kori, Nanha Kumar and Ashraf. The application related to a large area of land not less than 58 bighas and 13 biswas situate in village Barwalia in the district of Lucknow. The allegations of the applicants were that the land in question was a pasture land, a lease for which, had been taken by their ancestors for a nominal rent of Re. 1/- from the landlord.

(2.) The opposite parties Nos. 1 and 2 were the landlords. They alleged that they were the owners of the said land and had been in rightful possession of the same. They had given portions of it for cultivation to other parties. There were, however, certain proprietary groves of theirs on this land in which grass used to grow, and the applicants used to graze their cattle in the said groves.

(3.) After the parties were summoned in the case, written statements were filed by them, and a large amount of evidence was adduced on behalf of both of them. After the conclusion of the entire evidence, the learned Magistrate passed a short order on 16-5-1951, to the following effect :- "From the evidence on the record I am unable to satisfy myself as to which of the party was in possession of the subject of dispute when, order of attachment and notice under Section 145, Cr. P. C. was ordered. The subject of dispute shall, therefore remain attached until a competent Court has determined this question of possession between the two parties. The attached property shall remain in the custody of present supurdar till a receiver is appointed by the competent Court." It may be mentioned that he had appointed the applicants as supurdars of the said property.