BHAGWATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Both these cases are being disposed of by this common order as they arise out of the order dated 4.12.1982 by Sri R.C. Gupta, learned II Additional Sessions Judge, Jaunpur in Criminal Revision No. 49 of 1981. Learned Sessions Judge allowed Criminal Revision No. 49 of 1981 and dismissed Criminal Revision No. 50 of 1981. The order of learned Sub-Divisional Magistrate, Kerakat, district Jaunpur dated 6.3.1981 in Criminal case No. 67 of 1979, under section 145, Criminal Procedure Code was reversed; opposite parties who were party No.2 in the proceedings viz. Ramadhar, Kedar, Ram Lal, Bhagwati, Smt. Shyam Devi, wife of Munni Lal were declared to be in possession over the plots in dispute on and within two months before the date of passing of the preliminary order dated 27.6.1979. They were found entitled to get possession of the disputed holding from the Supurdar. Learned S.D.M,. was ordered to direct the Supurdar to deliver possession to second party by impugned order dated 4.12.1982.

(2.) It appears that parties are residents of village Hatwa, police station Chandwak, district Jaunpur.

(3.) Dispute relates to possession over plot No. 91 No. (measuring 1.57) 91 Ba (area 26) 116 area .23 situated in village Hatwa and plots No. 198 No. area. 22, 198 Ba area 0.05 situate in village Parsupur, police station Chandwak, district Jaunpur.