LAWS(ALL)-1974-2-39

ALGOO AND ANOTHER Vs. SHARDA DIN AND OTHERS

Decided On February 05, 1974
Algoo And Another Appellant
V/S
Sharda Din And Others Respondents

JUDGEMENT

(1.) In proceedings under Sec. 145, Cr. P. C. the Sub-Divisional Magistrate held that the appellants were in possession within two months of the date of the preliminary order and he directed that the plots in dispute be released to them. Thereafter the respondents filed a suit appellants. The suit was decreed for recovery of damages against the

(2.) The respondents thereafter moved an application for restoration of possession in the court of the Sub-Divisional Magistrate, who had decided the proceedings under Sec. 145, Cr. P. C. on the basis of the decree for damages. This application was dismissed on 18th of June, 1960.

(3.) Later on the village where the holding in dispute is situate was brought under consolidation operations. The appellants filed, an objection claiming to be the sirdars of the plots. The Consolidation Officer dismissed the objection and his view was affirmed in appeal. In revision the Deputy Director of Consolidation held that the respondents claim was barred by time and the appellants had matured title as sirdars by adverse possession.