NAGINA Vs. BASANT LAL

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 16/12/1981 passed by the I Add. Sessions Judge, Basti whereby he has set aside the order dated 2/9/1981 passed by the Sub Divisional Magistrate Harraiya (Basti).

(2.) Brief facts of the case are that on an application dated 22/6/1975 moved by Smt. Nagina to the Superintendent of Police Barar, P.S. Paikolia reported that there was a dispute between the parties over a house cum-shop situate in Babhnan Barar, P.S. Paikolia district Basti and there was apprehension of Breach of peace between the parties. This report was received by the Magistrate on 31-7-1978. On being satisfied with the report that there was apprehension of breach of peace, the Magistrate passed a preliminary order dated 31-8-1978 fixing 4-9-1978 for appearance and filing written statements by the parties. The parties filed written statements and produced evidence in support of their respective claims as required u/s 145 sub clause 4 of the Cr. P.C. Smt. Nagina produced himself as P.W. 2 and two other witnesses namely Kupil Deo P.W. 1 and Ram Ratan P.W. 3. She filed several documents including one sale deed dated 30-12-1975 executed by Babu Ram in favour of Laxmi Narain and another sale deed dated 25-4-1978 executed by Laxmi Narain in favour of Smt. Nagina, which are registered documents. She also filed 6 receipts issued by the Electricity Department showing the payment of electricity charges of the house in dispute. On the other hand Basant Lal opposite party produced two witnesses himself as D.W. 2 and Munnu Khan as D.W. 1 in support of his claim. He also summoned Police report and one F.I.R. alleged to be lodged by Panna Lal, husband of Smt. Nagina.

(3.) After considering the entire evidence on the record, the learned Sub Divisional Magistrate found that Basant Lal opposite party was not in possession over the property in dispute and the same was in the possession of Smt. Nagina. Therefore, he restrained the opposite party not to interfere with the possession of Smt. Nagina till it is decided by a competent Court. A revision was filed against the above order by Basant Lal, which was allowed by the I AddI. Sessions Judge, Basti vide his order dated 16-12-1981. Hence this revision.