HARIRAM SINGH Vs. MANOHAR RAO

JUDGEMENT

(1.) The decision in this revision shall also govern disposal of Criminal Revision No. 67 of 1989 (Dharam Singh and others v. Sarvarkar Manoharlal Pathak). Both these revisions arise out of order passed by the S.D.M., Damoh whereby in exercise of his jurisdiction under section 146 of the Code of Criminal Procedure directed attachment of the disputed property and handing it over to the Tahsildar as Supratdar, against which these revisions have been filed.

(2.) In both the revisions the lands involved are the same, i.e. Khasra No. 1235 admeasuring 8.31 acres and Khasra No. 1355 admeasuring 17.34 acres situated in village Bansa Kalan, Tahsil and District Damoh. This fact is not disputed that the. lands in question belong to Deity Murti Shrideo Murlidhar Ji Mandir; Damoh and this land had been leased out to the applicants in both the revisions and by virtue of the said lease, they were in possession of these lands for the last two decades. The non-applicant Sarvarakar Manohar Rao Pathak is looking after this property on behalf of the Deity.

(3.) It appears that in the year 1973 the Sarvarakar of the property tried to dispossess the lessees on account of which proceedings under Section 145 of the Code of Criminal Procedure had been started vide Criminal Case No. 36/73 and ultimately possession of the applicants lessees was confirmed in Criminal Revision No. 205/74 decided on 10/9/1974 by this Court.