CHANDRIKA SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) This reference arises out of proceedings u/S. 145 Crimial P.C. disposed of by Sri A.K. Das SDM Padrauna at Kasia by his order dated 24-6-1968 whereby he made a reference u/S. 145 Crimial P.C. to the civil court for a finding on the question of possession. Chandrika Singh challenged this reference to the civil court by filing a revision before the learned Sessions Judge, who accepting his contention, has referred the matter to the matter to this Court.

(2.) Briefly stated, the facts are that there was a dispute with regard to a land situate in village Dhokraha, police station Bisunpura, district Deoria. The proceedings were started on a report of the police and the property in dispute was attached after the passing of the preliminary order. The contestants, who filed the written statements, were Chandrika Singh an the one hand and Jagdeo on the other. Both the parties claimed to be the owners of the said land on the basis of the respective sale-deeds whereby the property was alleged to have been sold to them. Charan Singh claimed to be the owner of only half share towards the east, and Jagdeo laid the claim of ownership in respect of the entire land. The parties filed their affidavits and tendered other evidence. The learned Magistrate after considering the evidence of the parties eventually came to the following conclusion:

(3.) On this finding the Magistrate made a reference to the civil court for decision on the question of possession u/S. 145, CrPC. It is this reference which has been challenged before me. I have heard the learned counsel for the parties at length.