MAHADEO Vs. GAON SABHA AND ANR.

JUDGEMENT

(1.) This revision arises out of proceedings under Sec. 145, Code of Criminal Procedure.

(2.) It appears that on the 1st June, 1965 the Gaon Sabha Sarai Boghi moved an application, through one of its members, before the S.D.M. Machlishahr, alleging that the seven plots, measuring 1.91 acres, mentioned in that application were banjar land, belonging to the Applicant, that six of them were used for pasture and one was used for skinning dead animals and that a couple of days before, the 2nd party, i.e. the present Applicants - -who had no concern with those plots tried to take possession over them forcibly as a result of which there was an apprehension of the breach of peace and danger to life and property. The Gaon Sabha therefore prayed for necessary action Under Sec. 145 Code of Criminal Procedure.

(3.) On this application the S.D.M. concerned called for a report from the S.O. Sujanganj and on receipt of it and satisfying himself from it that there was an apprehension of breach of peace as alleged in the aforesaid application, he passed a preliminary order on the 26th of June, 1965 and pending his decision attached the plots in dispute. By the same order he required the parties to file their written -statements, affidavits etc. in support of their respective claims regarding the fact of actual possession of the subject of dispute. The Applicant filed his written -statement supported by an affidavit claiming, inter alia, (1) that Sita Ram Singh had no right to move the application on behalf of the Gaon Sabha which was, therefore, not maintainable, (2) that the Applicant had filed a suit Under Sec. 229B of the UP Zamindari Abolition and Land Reforms Act for a declaration that he was the owner in possession of the said plots and in that suit the Gaon Sabha after passing a resolution admitted his claim and the suit was decreed in his favour on the 19th of May, 1965 and (3) that after the passing of the decree in the aforesaid suit Sita Ram Singh moved a restoration application which was, dismissed. In support of his claim the Applicant also filed extracts of the Khasra of 1372 Fasli and a certified copy each of the judgment and decree in suit No. 97 of 1965 which he had filed Under Sec. 229B of the UP Zamindari Abolition and Land Reforms Act, a certified copy of the order passed on the restoration application of Sita Ram Singh on the 15th June, 1965 and the statement made by Satya Narain Singh, the Pradhan on the 1st of May, 1965 in that suit.