RAGHUBIR SINGH Vs. GRAM SAMAJ KOTRA

JUDGEMENT

(1.) This is an application in revision against an order dated 17th September, 1962, passed by a Magistrate first class, Kanpur, in a proceeding under Section 145 Criminal Procedure Code directing that possession be delivered to the opposite party. A revision application filed before the Sessions Judge, Kanpur, was dismissed on 17th December, 1962.

(2.) The facts leading to the present revision application might be briefly stated as follows. On 21st August, 1960, the Gaon Samaj had executed a patta of the laud in dispute in favour of the applicant for raising constructions. The applicant deposited ten-times of the land revenue on 14th June, 1961, for becoming its bhumidhar. On 18th January, 1962, he obtained the permission of the Sub-Divisional Magistrate to raise construction on that land. It appears that the land of which the patta had been granted in favour of the applicant was used by the Gaon Samaj for holding markets and had already been auctioned to a contractor under a contract which was to remain in force till 19th May, 1962. However, from an application made by the Gaon Samaj on 4th November, 1961, it appeared that the applicant had on 24th October, 1961, started making constructions over the land in dispute and obstructing the contractor from realising the rent of that land from the tenants.

(3.) An application tinder Section 145 Criminal Procedure Code was made by the subsequent Pradhan on 25th April, 1962, alleging that the land in dispute was in possession of the Gaon Samaj and there was an apprehension of breach of the peace because of the illegal acts of the applicant to whom an illegal patta had been granted.