JAYANTI PRASAD Vs. KAMAL NARAIN

JUDGEMENT

(1.) Heard Sri Dharm Pal Singh, learned counsel for the revisionists and Sri L.P. Singh, learned counsel for opposite parties Nos. 1 to 3.

(2.) By preliminary order dated 13-11-79 proceedings under Section 145, Cr.P.C. were initiated in respect of plots Nos. 2, 3, 4, 5, 7 and 212, areas 5 bighas, 19 biswas and 14 biswansis. The revisionists claimed possession over 1 bigha 10 biswas in plot No. 7 on the strength of a sale deed said to have been executed by Sarju Narain, one of the co-sharers with regard to his share of land in the aforesaid plot of land. The learned magistrate on consideration of the evidence adduced by the parties gave a finding that Sarju Narain had executed sale deed of his share of land in the disputed land. On the basis of the sale deed names of the opposite parties were mutated in the revenue records. The learned magstrate also observed that the parties had adduced oral evidence which is supported by police report and Sarju Narain was in possession of plot No. 7. The learned magistrate, therefore, passed an order holding that 1 bigha 10 biswas land of plot No. 7 was in exclusive possession of the present revisionists and remaining 3/4th of the disputed land was in possession of the other party.

(3.) Aggrieved by this judgment of the trial Court the other three co-sharers, Kamal Narain, Jagdish Narain and Satya Narain filed criminal revision No. 46 of 1986 which was allowed by the revisional Court and the judgment and order of the trial Court was set aside.