SHABIH HAIDER Vs. RAFIQUL HASSAN AND ANR

JUDGEMENT

(1.) List has been revised. None appears for opposite party No. 1.

(2.) Heard Shri S.A. Shah, learned Counsel for the revisionist and learned A.G.A. for the State.

(3.) In proceedings under Section 145, Code of Criminal Procedure, the City Magistrate vide his judgment and order dated 24.2.83 arrived at the finding that the first party Shabih Haider (revisionist in the present revision) was in possession of the disputed property on the date of the preliminary order and two months next before passing of the preliminary order. The final order was passed by the City Magistrate in conformity of these findings. The opposite party, Rafiqul Hassan preferred criminal revision No. 55 of 1983 against the judgment and order of the City Magistrate which was allowed by the revisional Court vide judgment and order, dated 5.8.83 on the ground that the City Magistrate has relied upon the photostat copies of certain documents and First Information Report which are not admissible in evidence unless proved in accordance with law. The second ground on which the finding of the trial court was set aside was that the learned City Magistrate has not considered the effect of the subsequent events, viz., that the revisionist Rafiqul Hassan took possession of the said house on 24.6.80. The revisional court observed as follows: