RAMNARAYAN SADASHIV PANDE Vs. GAJENDRA SINGH GOVIND SINGH

JUDGEMENT

(1.) These two applications arise out of proceedings under section 145 of the Criminal Procedure Code. As they are between the same parties and identical questions of law and fact are involved, I propose to give one judgment. The petitioners in both these applications claim to be in occupation of certain rooms and open space. This may be described as the eastern wing of the property. Respondent No. 1 (hereafter referred to as the respondent) appears to be in possession of certain rooms and open space which forms the western wing of the property. There is an intervening wall. The respondent made two complaints successively in respect of his dispossession of one sitting room and certain open space or Court-yards. The learned trial Magistrate passed separate preliminary orders in respect of these complaints and proceeding under section 145 of the Criminal Procedure Code were initiated. Both the parties were called upon to file their respective claims within time.

(2.) Accordingly the petitioners filed their statements or claims and the affidavit of one witness. The respondents filed the affidavit of at least five witnesses. A number of documents were produced in support of the rival versions of the parties.

(3.) Shortly stated the case of the petitioner was that the respondents were in possession of only four rooms and no more area on the western side. According to the respondent they were initially in possession of four rooms and they had constructed three rooms. Out of these 7 rooms one room was a sitting room. The petitioners had forcibly disposed the respondent of the sitting room and the northern open space. The learned trial Magistrate, after consideration of all the evidence and the documents on record, came to the conclusion that the respondent was in possession of the room in question and the open space and as he was forcibly disposed an order for restoration of possession was accordingly made. The room appears to be locked and sealed by the police during the pendency of these proceedings.