BHEEM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against order dated 17.3.1982 recorded by Sub Divisional Magistrate, Pithoragarh in Case No. 176 of 1976 in proceedings under section 145, Cr.P.C. by which the learned Magistrate ordered revival of the proceedings under section 145, Cr.P.C., in pursuance of the order of learned Sessions Judge dated 11/3/1980 in Criminal Revision No. 4 of 1978 recorded by Sr. B.B.L. Hajeley against order dated 10.1.78 dropping the proceedings under section 145, Cr.P.C.

(2.) It appears that there was a triangular on test about house No. 985 situate in Vina, district Pithoragarh.

(3.) Bhim Singh, applicant and Km. Lila Waldia, opposite party No. 1 claimed the house in dispute as owners. Km. Lila Waldia further alleged herself to be in occupation of a portion of that house while the remaining portion is alleged to have been let out to Sri S.P. Sharma, opposite party No. 2. The contention of applicant Bhim Singh was that opposite party No. 2, S.P. Sharma was his tenant and on account of a rift there arose an apprehension of breach of peace amongst the parties. Km. Lila Waldia had absolutely nothing to do with the house in dispute i.e., which was his exclusive property.