RAM NARAIN Vs. SATTAR KHAN

JUDGEMENT

(1.) THIS revision arises out of proceedings under Section 145, Code of Criminal Procedure.

(2.) AFTER the rival parties had put in their written statements of their respective claims as respects the facts of actual possession of the subject of dispute and after they had also put in documents and affidavits in support of their respective claims, the learned Sub-Divisional Magistrate drew up a statement of the facts of the case and ordered the record of the proceedings to be forwarded to the Civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute on the date the preliminary order or within two months next before the date of that order. The grounds on which he passed this order, to put them in his own words, are as follows: