RATAN SINGH Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) THIS revision application arises out of proceedings under Section 145, Criminal P. C. The short facts of the case are that one Raghubir Singh who is the non-applicant in this case made an application to the Court of Sub-Divisional Magistrate, First Class, Neemuch, against the-petitioner Ratan Singh alleging that a plot of land behind his house No. 962 in Neemuch city was in-his possession but he had been dispossessed by the petitioner Batan Singh on 9. 7. 1950. This dispossession was caused by storing some stones and bricks near the back-door of the said house No. 962 and it was alleged that there was likelihood of breach of peace. The Magistrate after the examination of complainant passed a preliminary order holding, that a dispute existed which might cause breach-of peace. After recording the evidence adduced by the parties, the learned Magistrate came to the conclusion that the complainant had been in possession of the piece of land in dispute and was wrongly-dispossessed by the petitioner.

(2.) HE, therefore, declared under Sub-clause (6) of Section 145 that the complainant was entitled to possession of the disputed land until he was evicted therefrom in due course of law. He also passed an order forbidding all disturbance of such possession until such eviction and directed that the possession of the complainant be restored to him.

(3.) THE petitioner went in revision against this order to the Court of Additional District Magistrate. But his revision was dismissed. He now comes to this Court and asks me to revise the orders of the Courts below.