KHEM CHAND Vs. BALWANT

JUDGEMENT

(1.) THIS revision is directed against an order of the Sub-Divisional Magistrate, Meerut, dated 25-3-1964 in a case under Section 145, C. P. C.

(2.) ON receipt of a report from police that a dispute likely to cause a breach of peace existed between the parties concerning a well and persian wheel installed therein the learned-Magistrate passed a preliminary order requiing the applicant and one Balwant to put up in written statement of their respective claims regarding the facts of actual possession of the subject of dispute and to adduce evidence in support of their respective claims.

(3.) IN response to this order the petitioner Khem Chand and the opposite party Balwanl appeared before the Magistrate and filed their written statements and led evidence in support of their respective claims to the persian wheel and the well in question. Balwant in his written-statement averred that the well in dispute and the persian wheel were the joint property of his, Khem Chand and some other cultivators and that they were enjoying the possession of the same. Khem Chanel on the other hand claimed exclusive possession over the well and persian wheel.