STATE OF MAHARASHTRA Vs. KALABAI NATTHUJI RAJURKAR

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, Akola, recommending that the order of the Sub-Divisional Magistrate in Section 145, Criminal P. C. Proceedings is vitiated by non-consideration of the. affidavit evidence and that he misdirected himself to come to a conclusion on the basis of evidence not legally tendered.

(2.) THERE was a dispute between the two parties in village Bisod, district Akola. The subject-matter of the dispute was a Pardi land adjoining this village admeasuring 1 acre 19 gunthas with a well. Irrigation crops were grown on this land, This land is owned by one Vithalrao Deshmukh. It was leased out to one Natbuji who was in possession till 18-8-1967 when he died. He left his wife Kalabai and his son Rambhau as his successors. They were in possession after the death of Nathuji. A quarrel was started by one Sambhaji who is Party No. 2 by claiming possession of this Pardi land. His claim is that he was in possession from a date prior to 1967. 68 as a lessee of the owner Vithalrao Deshmukh and that his possession has been an exclusive and a peaceful possession.

(3.) BECAUSE of the apprehension of breach of pace, the matter went up to the Sub-Divisional Magistrate. The proceedings were started under Section 145, Criminal P. C. A preliminary order was passed on 157. 1968. Affidavits and documents were filed by both the parties. The learned Sub/divisional Magistrate considered the documents filed by Party No. 2 Sambhaji but did not consider either the affidavits filed by Rambhau or Kalabai Party No. 1 or. the affidavits of their witnesses. It appears that he has also not considered the crop-statements filed by Party No. 1. On the other hand, he considered only the affidavits of Party No. 2 Sambhaji as well as his witnesses and came to the conclusion that Sambhaji Party No. 2 was in possession of this Pardi land for the last two years before the order. The matter, therefore, went up before the Additional District Magistrate in revision and it was. heard by Mr. V. M. Thdurkar, Additional District Magistrate, Akola.