ARAM SINGH CHAIN SINGH Vs. HANSIA BAI

JUDGEMENT

(1.) THIS is an application under section 482 of the Code of Criminal Procedure by Aram Singh (herein after described as party No.1') against the decision of the Sessions Judge, Bhopal, dated 12 -9 -1978, in Criminal Revision No. 36 of 1978.

(2.) RELEVANT facts of the case are these: On 4 -10 -1976, party No.1 filed an application under section 145 of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code') before the Sub -Divisional Magistrate, Budhi, on the ground that he was the owner of the lands Kh No. 5/95, 100/2/1 and 100/2/2 of village Panari having purchased the same from Raghvendra Prasad by a registered sale deed dated 9 -6 -1976. On 29 -9 -1975, Smt. Hansia Bai and others (hereinafter referred to as 'party No.2) obstructed him from ploughing the lands resulting in a breach at peace.

(3.) THEREAFTER , the Sub -Divisional Magistrate after perusal of the affidavits and other documentary evidence adduced by both the parties, held by order dated 18 -1 -1977 that it was not possible to take any decision and, therefore, the proceedings were dropped and the receivership was put to an end (Annexure 'A').