SANKATHA SINGH Vs. RAHMAT ULLAH

JUDGEMENT

(1.) THE facts giving rise to this reference are as follows:

(2.) SANKATHA Singh applicant filed an application under Section 145, Cr. PC with the allegations that he was owner in possession of plot No. 129 area. 70 acre situated in village Kushmura, P. S. Baragaon District Varanasi with which opposite parties have no concern; that opposite parties wanted to take forcible possession over the aforesaid plot which gave rise to apprehension of breach of peace.

(3.) A police report was called by the Sub-Divisional Magistrate. On 5-11970 the police reported that there was apprehension of breach of peace between the parties regarding the land in dispute. Acting on this report, the Sub-Divisional Magistrate passed the preliminary order under Section 145 (1), Cr. PC on 6-1-1970 and directed the parties to file their respective written statements. Banarsi made an application to be added as a party. It was allowed and he also filed his written statement claiming. 47 acre area to be in his possession on basis of a sale-deed of the year 1923. Both the opposite parties contended that there was no apprehension of breach of peace and led evidence in support of their above contention.