BHAGWATI SINGH Vs. V P TRIVEDI

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India arising out of proceedings under Section 145, Cr. P. C. The petitioners were the tenants of a portion of a house having settlement No. 178 and Town Area No. 267 in village and Police Station Maurawan district Unnao. It was alleged by the petitioners that they had been in possession of this premises for over two years and had been paying rent to one Debi Dayal. On the 11th of June 1954, Gur Prasad Opposite Party No. 2 filed an application under Section 145, Cr. P. C. in the Court of S. D. M. Purwa against Debi Dayal and others in respect of this premises. On the 2nd of August 1954 an attachment was ordered of this house. It is said that the Station Officer made a report that this house was in possession of the petitioners. On the 28th of August 1954 the then S. D. M. ordered that the tenants paying rents residing therein shall continue and the rent shall be paid to the Supurdar. I think that was the proper procedure pending the final disposal of the application. The then S. D. M. was succeeded by Sri V. P. Trivedi, the present Opposite Party No. 1 who by his order dated the 30th January 1956 ordered that the applicants be ejected from the premises.

(2.) Against that order the petitioners have come up to this Court.

(3.) The main ground urged by the petitioners is that they could not be ejected under Section 145, Cr. P. C. from the premises because they were neither parties nor any notice of the proceedings was served on them. They had no opportunity of contesting the application and showing to the Magistrate concerned that they were in legal possession of the house long before the dispute.