MANNU Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. This revision is directed against the revisional Judgement dated 22-12-1990 by means of which the order passed by the S. D. M. , Ghazipur was set aside proceedings under Section 145, Cr. P. C. was dropped.

(2.) THE short question for consideration in the present case is that the present respondents claimed to have purchased the land in question by sale-deed executed on 24-2-1986 and claimed to have come in possession since the said date of purchase. THE preliminary order in the proceedings under Section 145 (1), Cr. P. C. was passed on 22-3-1986. THE lower revisional court who allowed the revision of the respon dents observed in the judgment that the land in question was transferred by Shivtahal and Ram Badan. THE case of the present applicants is that the land originally belonged to them and they had permitted Shivtahal and Ram Badan to remain in possession of the same and thus Shivtahal and Ram Badan had no legal right to transfer the same in favour of others. In proceedings under Section 145, Cr. P. C. the main question to adjudicate is to find out which of the parties was in possession of the land prior to two months before the date of passing of the preliminary order. It has been found by both the courts below that the contesting opposite parties came in possession over the land in question since the date of purchase i. e. 24-2-1986.