DAYARAM Vs. RAMPAL

JUDGEMENT

(1.) THIS is a reference arising out of the proceedings under section 145, Criminal Procedure Code.

(2.) DAYARAM and Mayaram, hereinafter described as party No. 2, and Ramlal and Hiralal, similarly described as party No. 1, are both claiming to be in possession of the disputed land Khata No. 47, Khasra Nos. 60/3, 60/7, 71/1 and 71/2 measuring 2.48 acres in Mauza Badya.

(3.) PARTY No. 2 challenged this order before the Sessions Court Mandleshwar, who has not agreed with the finding of the Magistrate, and has referred this case for quashing of the order. The ground on which the Sessions Judge wants this Court to set aside the order dated 29 -9 -1959 declaring party No. 1 to be in possession is because it is illegal, being manifestly wrong and perverse.