RAM PRASAD Vs. NISAR

JUDGEMENT

(1.) This revision is directed against order dated 25/3/1980 in case No. 15 of 1979 under Section 145 of Code of Criminal Procedure recorded by Sri K R. Shilpkar, learned City Magistrate, Muzaffarnagar by which he declared possession of Nisar first party on the plots in dispute who was held to have been in possession over this holding two months prior to the arising of the dispute, his possession was to be maintained till. he was evicted in due course of law; revisionist was restrained from interfering with his possession till then; S.0. Kotwali was to be informed accordingly.

(2.) The proceedings were initiated on the report of S.0. Kotwali dated 12/2/1976 who submitted his report about the triangular claims put forward about possession over the, plots in dispute, viz, 2730, 2705 and 2704 by Nisar Ahmad son of Lala Buddhu son of Rahim Bux and Oat Chand son of Jaharia Singh. Revisionist traced his claim through Budhu, alleged Mukhtaream of Serajuddin and alleged that he cultivated this holding; Barseem crop was standing at the time of arising of dispute to have been sown and cultivated by him; police report further disclosed that the disputed holding was in cuitivatory possession of Mohd. V mar and Nisar while Nisar claimed exclusive possession over this holding and alleged to have/sown the Barseem crop himself. Dal Chand put forward his claim through custodian as Serajuddin, own brother of Nisar son of Lala migrated to Pakistan even during the life time of Lala. There was apprehension of breach of peace about the harvest of Barseen crop. So learned Magistrate felt satisfied under Section 145 of Code of Criminal Procedure that there was a dispute relating to immovable property giving rise to the apprehension of breach of peace and attached the Barseem crop which was eventually harvested by first party Nisar who deposited its auction price in court under the orders of court pending these proceedings.

(3.) Contention of Nisar was that after migration of Serajuddin to Pakistan in 1960 and on the death of his father, Lala, be was in exclusive possession over the entire property of Serajuddin. In 1965, his brother came from Pakistan and appointed Abdul Qadir his Mukbtare-am and filed proceedings for division of bolding under Section 229-B 176 of Zamindari Abolition and Land Reforms Act; subsequently, Abdul Qadir was appointed Mukhtaream by his brother Seraj alias Buddhu but still the possession of first party Nisar continued over the land in dispute.