ISLAM KHAN Vs. MUNIR

JUDGEMENT

(1.) THIS revision has arisen of a case Under Section 145, Cr. PC

(2.) THE subject-matter of dispute 8n this case is a flour mill installed in a house in Mohalla Balaha Nagar P. S. Kotwali district Oral. The case originally taken by the applicant was that he was the owner of the flour mill and had been in possession of it, but, of late, the opposite party has started laying claim to it. He was also trying to dispossess him. There was thus a dispute as a result of which there was an apprehension o breach of peace. Accordingly he moved the Magistrate concerned (Sri S. B. Sri-vastava, Executive Magistrate, Orai) to take suitable action against the opposite party. The Magistrate called for a report from S. O. P. S. Kotwali. On the basis of the report submitted by S. O. Kotwab, the Magistrate issued a notice against the parties Under Sections 107/117, Cr. PC Subsequently, the proceedings were changed and a preliminary order Under Section 145 (1) Cr. PC was passed on 21-8 1and76, and the parties were called upon to put in their written statements and affidavits etc. in support of their respective claims of possession. The disputed flour mill was also attached.

(3.) THE opposite party alleged that he was the owner of the flour mill and also that he was and tenant of the house in which the said flour mill was installed. According to him the applicant was his servant and after he had dismissed him. be started laying false claim to his flour mill.