SHAHJADBEGUM MOHAMAD AJHAR Vs. FARIDABANO

JUDGEMENT

(1.) The applicant herein who was Party No. 2 before the Sub-Divisional magistrate in a Criminal Case No. 10 of 1998 in whose favour the Sub Divisional Magistrate had passed an order directing her possession to be protected. The said order of the Sub- divisional Magistrate was challenged in a criminal Revision Application No. 26 of 2000.

(2.) The facts on which the present criminal Revision Application is based is that the present non-applicant no. 1 is claiming to be in possession of suit land Survey No. 50 admeasuring 11 acres 35 Gunthas on the basis of the agreement of sale, on the contrary the present applicant claims to be in possession. The applicant has tried to substantiate its possession by pleading as done in para 2 of the application. "that Naib Tahsildar, Daryapur in Revenue case No. MISC-125/daryapur/97-98 dated 30-5-98 held that the non-applicant is in possession of field survey No. 50, area 11 acres 35 Gunthas. The said order dated 30-5-98 passed by Naib Tahsildar, daryapur came to be impugned by the present applicant before the Sub-Divisional officer, Daryapur by filing R. A. No. RTS- 64/daryapur 21/97-98. The non-applicant no. 1 was non-applicant before the learned sub-Divisional Officer, Daryapur in the aforesaid proceedings. By order dated 17-8-98 the learned Sub-Divisional Officer, daryapur, allowed R. A. No. RTS-64/ daryapur-21/97-98 filed by applicant. It was further held that present applicant is absolute owner is already recorded in w. F. 7. It was also held that applicant is entitled for the government aid. The order passed by Naib Tahsildar, Daryapur dated 30-5-98 which was in favour of non- applicant no. 1 was set aside and appeal filed by applicant came to be allowed by learned sub-Divisional Officer, Daryapur. "

(3.) In the proceedings which were initiated before the Sub-Divisional Magistrate, daryapur, after noticing the parties and hearing them, he accepted the plea of present applicant in toto and passed the order on 23/2/2000 protecting the present applicant's possession.