NERBADAPRASAD Vs. BENIPRASAD AND THE STATE

JUDGEMENT

(1.) THE Sub-Inspector, Sihora, reported that there was an apprehension of a breach of the peace between Nerbadaprasad (party l) and Beniprasad (party 2) with regard to 7 fields in Marha, Sihora tahsil, Jabalpur district: and the Sub-Divisional Mag. Sihora, passed a preliminary order Under Section 145, Cr. P. C. on 3-5-1947.

(2.) PARTY 1's case was that ho had bought the fields on 13 4-1946 by a regd. sale-deed for Rs. 1300 from Lakhan Singh and had been in absolute possession of them from that date. Beniprasad (party 2), who had an 0-8-0 share of the village, had, according to party 1, manoeuvred to buy the fields for a nominal consideration but without success. He had also sought to induce party 1 to transfer them, but here also his tactics were infructuous.

(3.) PARTY 2 based his claim on the fact that his uncle Chowdhury Nerbadaprasad had taken possession of the fields in 1898 and bad remained in possession of them until 1920 when he died. Party a then inherited them as his sole heir, sold fields khasra Nos. 52-54 to Fakira in 1927 and fields khasra Nos. 56 and 343 in 1913 to Dadoo Ram and Mihilal respectively. With regard to the remaining fields, viz. khasra Nos. 316 and 317, this party declared that they had sown them in September and October 1946 and that party 1 had never been in possession of them.