HEMRAJ Vs. BAL BHADRA

JUDGEMENT

(1.) THE present revision petition is against the order dated 6.6.1992, passed by the First Additional Sessions Judge, Raigarh, in Criminal Revision No. 2/91 reversing the order dated 29.12.1990, passed by the Executive Magistrate, Dharamjaigarh, in Miscellaneous Criminal Case No.3 of 1989.

(2.) ACCORDING to the applicant, he has purchased the disputed land in the year 1982 and is in possession since then of Khasra Nos. 753/2 and 750/3 areas 0.2 and 0.202 Hectares. For agricultural purpose, he prepared the land in the year 1989 and ploughed the field for rice crops but the non -applicant Nos. 1 to 5 had destroyed all the crops and were trying forcefully to dispossess him. The applicant, therefore, moved the Sub -Divisional Magistrate under sections 145 and 146 of the Code of Criminal Procedure. The Magistrate had seized the land and crops and proceeded further. The order was passed in favour of the applicant but the revisional Court has reversed the same. Being aggrieved by the order of the revisional Court, the applicant has filed this revision petition.

(3.) THE submissions of the learned counsel for the non -applicants are that they are bonafide and registered purchasers of the lands in suit through a registered sale -deed. The actual physical possession was handed over to them. Their names have also been mutated after due publication and the order passed by the revisional Court relying on documentary evidence as against the oral evidence cannot be said to an error of law or the facts on record. No jurisdictional error has been committed. No further interference is called for in this revision filed by the applicant.