TULSA DEVI Vs. AMAR NATH

JUDGEMENT

(1.) This revision petition is directed against order dated 11-12-1991 passed by Sri O. N. Singh, Sub-Divisional Magistrate, Sadar, Mirzapur in case No. 12 of 1983/1/91 under Section 145, Cr. P.C. holding possession and title of the respondents on the land in dispute and releasing the same in their favour.

(2.) The dispute is with respect to Chak No. 71 constituted out of plots Nos. 114, 124-A, 124-B and 113 situate in village Bidauli district Mirzapur, and Chak No. 20 constituted of plots Nos. 112 and 114/240 of the same village.

(3.) Admittedly, this property belonged to one Mahavir, deceased. Smt. Gujrati was alleged to be the widow of Mahavir. According to party No. 1, Smt. Tulsa Devi, Gujrati wife of Mahavir absconded and she was not traced out and, therefore, she being her niece came in possession of the said property as lawful heir, whereas party No. 2, Amar Nath and another, alleged to be lawful owner and in possession of the said property having purchased the same from Smt. Gujrati by a legal sale deed for lawful consideration. As there was apprehension of breachof peace between the parties for the said piece of land proceedings under Section 145, Cr. P.C. were initiated on the report of Station Officer of the police station concerned. Sri. G. S. Tripathi, Sub Divisional Magistrate Sadar, Mirzapur in case No. 12 of 1983 under Section 145, Cr. P.C. passes an order on 1-7-1983 against which party No. 1 Smt. Tulasa Devi, filed a criminal revision No. 1287 of 1983 in this Court and Hon'ble Mr. Justice V. P. Mathur heard the said revision and by his order dated 10-8-1988 remanded back the case for fresh decision on merits observing that :