GHANSHIAM DAS Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS writ petition is directed against an order of the Munsiff Muzaffarnagar in a case under Section 146 of the Code of Criminal Procedure.

(2.) ON a report made by the police in July 1961 that there was a dispute between the petitioner and respondent No. S in respect of certain plots of land situate within the municipal limits of Muzaffarnagar which was likely to cause the breach of the peace, proceedings under Section 145, Criminal P. C. were started in the Court of the Magistrate and the parties concerned were required to put in written statements of their respective claims regarding the fact of actual possession over the land. Documentary evidence was filed by the parties. Ten persons on behalf of the petitioner and seven persons for the respondent No. S filed affidavits before the Magistrate in support of their respective claims. As the Magistrate was unable to decide as to which of the two parties was then in such possession of the land, he drew up a statement of the facts of the case and forwarded the record of the proceedings to the Munsif to decide the question of possession.

(3.) IN the Court of the Munsif three witnesses were examined on behalf of the petitioner and affidavits of Tota Ram, Ratan Lal and Sher Singh were filed from the, side of the respondent No. 3. The learned Munsif by his order dated 2-6-62 decided the question of possession of the disputed plots in favour of Roshan Lal, respondent No. 3. This writ petition, as indicated earlier, is directed against that order.