LAD SINGH Vs. A S J SHAJAPUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 8.7.83 passed by the Additional Sessions Judge, Shajapur in Criminal Revision No. 66/80 thereby reversing the order dated 7.8.80, passed by S. D. M. Shajapur in Criminal Case No. 94/80 under Section 145 Cr. P.C.

(2.) The petitioner claims to be in possession of agricultural land admeasuring 1.734 Hectare bearing survey No. 1929 & 1932 situate in village Hadlai Kala Teh. Shajapur ever since he was not in possession of the said land in Samwat 2035 (1978-79) by Gajraj Singh and Hemraj Singh 5/0 Dev Singh who later on executed a registered sale deed on 22-12-79 in favour of the petitioner. On 19-3-80 the respondents with a view to dispossess the petitioner of his land ploughed the same. Again on 30- 3-80 when the petitioner went to him with Bhanvarji to reap Chana crop the respondents obstructed and quarreled with him. The matter was reported to police on 1-4-80. On 3-4-80, the petitioner again went to the field for watering the standing crop. But the respondents who were armed with axe and Farsi, and attempted to assault the petitioner threatened him. Again, a report lodged at the police station. With the intervention of the Station Officer, the petitioner could reap his crop, and could also cultivate his land. But the respondents continue to threaten him and prevent him from going to his field. The petitioner therefore moved the S.D.M. On 10-4-80 for action under Section 145 and 146 Cr. P.C. placing all the reports, affidavits and other record before him. According to the police report submitted to the 5DM. 6-5-80 it was reported that there was imminent apprehension of breach of peace. After obtaining this report, the 5DM. passed order under Section 145 (1) Cr. P.C. on 20-5-80. Lad Singh the petitioner again submitted on 21-6-80 his claim supported by affidavit and documents so also the respondent (on 7-7-80).

(3.) The respondents case in gist was as co-owner of the land in question he was entitled to possession. The partition amongst brothers has been repudiated by him and claims to be in possession of the land in question. The sale deed executed without his consent is denounced as invalid. He also filed a certified copy of the judgment dated 10-4-78 of the Civil Court Shajapur in C.O.S. No. 215-A/76 in which the brothers are described to be in joint possession. The other two brothers had no right to sell the land. The entries made in the revenue records as regards possession is the result of collusion with the Patwari, they are not admissible in evidence. He has also filed a true copy of the Kisht Bandi entries signed by the Patwari on 28-3-80 showing possession of all the three brothers in the year 1979-80. He filed his own affidavit and also that of Shivnarayan. It is claimed that the agricultural operations were carried on by him above.