KANIRAM Vs. KASHIRAM

JUDGEMENT

(1.) THIS revision petition is directed against the revisional order dated 21 -3 -1986 passed by the Additional Sessions Judge Rajgarh (Biora) in Criminal Revision No. 36 of 1985 whereby he has set aside the order dated 8 -7 -85 for attachment of the land in dispute.

(2.) THE circumstances giving rise to this petition are these. According to the petitioner he is the recorded Bhumiswami of the land in dispute. He is an old man and had given the land to this relative Kashiram, the non -applicant No.1 for cultivation for two years on the basis of profit. At the end of the period of two years he entered into possession of the land but the non -applicant Kashiram tried to disposses him. He, therefore, reported the matter to the police. As no action was taken, he laid information before the learned Sub -Divisional Magistrate on 8 -7 -1985 for action under section 145 of the Code of Criminal Procedure 1973 (for short 'the Code').

(3.) THE learned Sub -Divisional Magistrate finding that there was likelihood of breach of the peace and further that there was emergency, passed a preliminary order under section 145 (1) and also an order for attachment of the property in dispute.