LAXMAN BHIKAJI PAVAR Vs. BAHIKMKHAN BALEKHAN DALWAI

JUDGEMENT

(1.) The applicants before this Court are the original petitioners styled as Party No. 1 (hereinafter referred to as "The petitioners") by the Sub-Divisional Magistrate Chiplun, in Miscellaneous Case No. 1 of 1975, a proceeding under section 145 Cri.P.C. Respondents to this application are styled as Party No. 2 (hereinafter referred to as "the respondents"). On the report of the Sub-Inspector of Police, Chiplun, proceedings under section 145 of the Cri.P.C. were initiated and the learned Sub-Divisional Magistrate ultimately ordered that possession of the disputed lands should be handed over to the respondents and further directed that their possession should not be disturbed by Party No. 1 till they are evicted from the lands by a competent Court.

(2.) The facts giving rise to these proceedings, culminating in the impugned order stated briefly, are as follows. The petitioners are 37 in number and members of Harijan Community, whereas the respondents are shown to be 35 in number, are members of Muslim Community. The lands in dispute which admeasures about 100 acres in the aggregate, are situate in three villages Kaluste Bhile and Gavalkot in Taluka Chiplun of Ratnagiri District. Before the abolition of Khoti tenure somewhere in the year 1949, the respondents were Khots of these village, whereas the petitioners claim to be tenants on these lands which were held by different respondents. On the abolition of Khoti tenure, for the first time in the year 1952-53, the record of rights were introduced in the said villages and the respondents came to be shown as occupants in respect of these lands. The petitioners on the other hand alleged that since their forefathers they were tenants on these lands and even otherwise cultivating these land and were in exclusive possession of them till they were restrained from entering into the lands by the order in question. The dispute about possession, which is a turning point in these proceedings, has its roots in the long standing feuds between the two parties, who appear to have raised cudgels against each other for some reason or the other. The details as to why the relations became strained between these two parties are set out in the memo of appeal and partly substantiated by the evidence.

(3.) To narrate a few of them, in May 1974, Sakharam Pandu Sakpal, one of the petitioners, was alleged to have been assaulted and accused of theft. There were cross-complaints in respect of this occurrence and they are still pending. In December 1974, the paddy crop raised in some of these lands was reaped and heaped in suitable Udavyas (Stacks). On the point as to who should thrash them and take the produce, there were again differences for which a separate chapter case came to be instituted by the police against the respondents under section 107 of the Cri.P.C. It appears during its pendency a compromise was arrived at and it was agreed that according to the prevailing customs the petitioners should take the produce and give to the respondents their makta or share in kind. Despite this agreement between the parties, there were certain other events which led to multiply the bickering between the parties as a result of which the petitioners alleged that they were being constantly threatened that they would be forcibly dispossessed. These preludes which widened the differences between the members of these two communities which had lived harmoniously for years togethers, prompted these petitioners to make an application in the nature of complaint to the police and revenue authorities of Chiplun as well as to the higher authorities about the apprehended harassment by the respondents to the petitioners at the time of transplanting operations which were in the offing in June 1975. Therefore, the petitioners made an application to the P.S.I. Chiplun that they intend to carry out these operations on 24th June, 1975 in these lands which they had cultivated for a pretty long time and police protection should be given to them.