LAKSHMI SHANKAR Vs. SHIV DAYAL AND ANOTHER

JUDGEMENT

(1.) SRI Laxmi Shankar has filed this application in revision against the judgment and order of the learned Additional District Magistrate (J), Agra rejecting his revision application and refusing to make a reference to this Court against the judgment and order of Sri Shyam Sunder, a learned 1st Class Magistrate of Agra.

(2.) THE brief facts giving rise to this revision are as follows:

(3.) SRI Laxmi Shankar's case is that he purchased 12 agricultural plots, bearing numbers 1435 to 1437, 1442, 1443 and 1445 to 1451 and comprising; a total area of 389 acres, by a registered sale -deed dated 29 -4 -1941 from Sarvashri Suresh Chandra and Harish Chandra and obtained possession of them thereafter. Subsequently on 9 -6 -1962 he sold some of those plots in their entirety and some in parts to the extent of 3.31 acres to the UP Roadways and prior thereto he had sold 37 acre out of some of those plots to a number of person. Thus after the sale to the UP Roadways, the Applicant had -02 acre in plot No. 1451, -07 acre in plot No. 1448 and 12 acre in plot No. 1450 (i.e. total 21 acre) left with him, which he enclosed by angle irons and barbed wire and was in possession of at all material times. On 12 -8 -1962 Sri Sheo Dayal, with the help and assistance of a number of persons dismantled those angle irons and barbed wire and spirited away most of them, though some were still lying on the spot. According to Sri Laxmi Shankar Sri Sheo Dayal was never in possession of the disputed plot nor had he ever anything to do with it.